The court established that delays in reporting seizures under Section 102 Cr.P.C. are irregularities, not invalidating the seizure, but total failure to report affects validity, protecting account holders' rights.

JUDGMENT

Dated this the 12 th day of September, 2024 The petitioner is aggrieved by the sudden freezing of his account by the bank based on requisitions/intimation received from the police. The police in turn has acted on the basis of Cyber Crime Incident Reports filed by persons subjected to online financial fraud/UPI fraud.

2. Learned counsel for the petitioner submitted that this Court in Dr.Sajeer v. Reserve Bank of India [2024 (1) KLT 826] has addressed the plight of similarly situated persons, and after elaborately dealing with the revolutionary change in money transactions with the advent of Unified Payment Interface (UPI for short), as also the positives and negatives of UPI transactions in the context of Cyber crimes and Online fraud, the writ petitions were disposed of with certain directions. The petitioner is also seeking disposal of his case in similar manner.

3. Heard both sides.

4. For convenience, the directions in Dr.Sajeer's case (supra) is extracted hereunder:-

“a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit.

b. The respondent – Police Authorities concerned are hereby directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment.

c. On the Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be.

d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future.”

5. The intimation from the police, in most of the cases, refers to Section 102 of Cr.P.C., which, no doubt, is the applicable provision. Hence, Section 102 is extracted hereunder for easy reference. Here, it is essential to note that Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , which is the corresponding provision, is also identically worded.

“ Section 102 :- Power of police officer to seize certain property- (1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.

(3) Every police officer acting under Sub- Section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be, conveniently transported to the Court or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same.

Provided that where the property seized under Sub-Section (1) is s