The court delineated the limits of police authority in freezing bank accounts while ensuring the petitioner's rights are safeguarded.

JUDGMENT

Aggrieved by freezing of his account maintained with the Kottakkal Branch of South Indian Bank, the petitioner approached this Court. Petitioner was informed by the bank that the freezing was imposed on the basis of the requisition received from the 4^th respondent. The learned Standing Counsel appeared for the 1^st respondent. Smt.O.M.Shalina, the learned DSGI appeared for respondents 2 and 3. Though notice was served on the 4^th respondent, there is no appearance for the said respondent.

2. The learned Standing Counsel for the South Indian Bank on instruction submitted that the disputed amount is Rs.50,000/-. He further submitted that no other requisition has been received by the bank to the petitioner’s account from any other Law Enforcement Agency.

3. Despite service of notice to the 4^th respondent, there is no appearance for the said police authority. Therefore, I dispose of this writ petition with the following directions:-

(i) The 1^st respondent Bank is directed to con freezing of the petitioner's bank account only to the extent of the amount mentioned in the order/requisition issued by the Police Authority. This shall be done forthwith, so as to enable the petitioner to transact through his account beyond the said limit;

(ii) The Police Authority concerned is hereby directed to inform the Bank as to whether freezing of the petitioner's account will be required to be continued even in the aforesaid manner; and if so, for how long;

(iii) On the Bank receiving the aforesaid information/intimation from the Police Authority, they shall comply with it and complete necessary action - either continuing the freezing or lien for such period as mentioned therein; or withdrawing it, as the case may be;

(iv) The police ofÏcer concerned shall inform the Bank whether the seizure of the amount in the bank account has been reported to the jurisdictional Magistrate and if not, the time limit within which the seizure will be reported. If no intimation as to the compliance or the proposal to comply with Section 106 of the BNSS is received by the Bank within two months of receipt of a copy of this judgment, the Bank shall lift the debit freeze or remove the lien, as the case may be, on the petitioner's bank account;

(v) In order to enable the Police to comply with the above direction, the Bank, as well as the petitioner, shall forthwith serve a copy of this judgment to the police ofÏcer concerned and retain proof of such service.

4. It is clarified that the police authority concerned shall be at liberty to approach this Court to seek review of this judgment if required.

5. The respondent Bank is not precluded from freezing or imposing lien on the petitioner's account on receipt of any subsequent requests/ orders from any law enforcing agencies or courts.

The writ petition is ordered accordingly.