The freezing of a bank account based solely on a co-accused's confession without sufficient evidence linking funds to criminal activity is unjustified.

ORDER

This petition has been filed directing the respondent to defreeze the bank accounts of the petitioner in Canara Bank bearing account No.1540101019767 of Viruveedu Branch and State Bank of India, Batlagundu Branch, bearing account No.33168588564.

2. Heard the learned counsel appearing on either side and perused the materials placed on record.

3. The petitioner is the wife of one Selvam, who is an accused in C.C.No.524 of 2022, on the file of the Principal Special Court NDPS, Chennai for the offence punishable under Section 20(b) of NDPS Act . The petitioner is arrayed as 5^th accused. On the confession statement of the co-accused, alleging that a sum of Rs.25,000/- was transferred to the petitioner's savings bank account in Canara Bank, the accounts of the petitioner were freezed by the respondent.

4. Admittedly, the petitioner is not an accused. That apart, only on the confession statement of the co-accused against the petitioner, the petitioner's accounts have been frozen.

5. The learned counsel for the petitioner would submit that the petitioner is house wife and she has nothing to do with the crime committed by her husband. That apart, only a sum of Rs.25,000/- is lying in the petitioner's Canara Bank account and a sum of Rs.10,000/- is lying in the account of State Bank of India. There is absolutely no material to show that the said amount was deposited from the sales of contraband. This Court specifically, by an order dated 26.07.2024 directed the respondent to produce the material to show that the amount which was deposited to the petitioner's account is from the sales of Ganja. However, the respondent failed to produce any material to show that the amount was deposited by her husband that too from the sales of contraband. Further, already the investigation has been completed and final report has been filed and the same has been taken cognizance in C.C.No.524 of 2022, on the file of the Principal Special Court NDPS, Chennai and it is pending for trial. Therefore, no purpose would be served if the accounts of the petitioner are kept frozen.

6. In view of the above, the respondent is directed to de-freeze the bank accounts of the petitioner in Canara Bank bearing account No.1540101019767 of Viruveedu Branch and State Bank of India, Batlagundu Branch, bearing account No.33168588564 and the petitioner is permitted to operate her accounts.

7. With the above directions, this Criminal Original Petition stands allowed.

04.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn To

1. The Narcotics Control Bureau, Chennai Zonal Unit, Chennai.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn

04.02.2025