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IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL WRIT PETITION NO. 77 OF 2016.

Communidade of Serula,

having its office at West Coast

Residency, 1^st Floor, Porvorim,

Bardez-Goa and represented

herein by its President, Shri

Anacleto M. Martins, resident

of House No.532, Ribeiro Vaddo,

Porvorim, Bardez-Goa

....

Petitioner.

Vs.

1.

State of Goa,

through its Chief Secretary,

having office at Secretariat,

Porvorim, Goa.

2.

The Dy. Superintendent of

Police, CID, Crime Branch,

Dona Paula, Tiswadi, Goa.

3.

Administrator of Communidades

of North Zone, Mapusa, Bardez-

Goa.

....

Respondents.

Miguel Vas

R/o H. No. 81, Vaddem,

Socorro, Bardez Goa.

....

Intervenor.

Coram:-C. V. BHADANG &

PRITHVIRAJ K. CHAVAN,JJ.

Date :-20^th July, 2017.

Shri Y. Nadkarni and Ms. A. Kale Advocates for the petitioner.

Shri S. R. Rivankar, Public Prosecutor for the respondents.

JUDGMENT (Per C. V. BHADANG, J)

By this petition, the petitioner is challenging the action of

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the respondent no.2 directing freezing of all the 10 bank accounts of

the petitioner/Comunidade. By an order dated 23.6.2016, this Court

had permitted the petitioner to operate the account with the

Corporation Bank, Socorro Branch, Porvorim Goa on certain

conditions.

2.

By a subsequent order dated 30.6.2017, this Court after

taking note of the fact that the investigation is complete and matter

is awaiting sanction from the Government and after having regard to

the fact that, it was submitted that possible misappropriation was to

the tune of ₹2,76,05,305/- had granted time to the Public Prosecutor

to ascertain from the Investigating Officer as to whether out of the

10 accounts, one account can continue to remain freezed and the

rest of the accounts can be defreezed.

3.

Today the Shri Rivankar, learned Public Prosecutor upon

instructions from the Investigating Officer states that except account

No.197101000000970 with the Indian Overseas Bank, Socorro

Branch, Porvorim, Goa, rest of the accounts can be defreezed. The

learned Public Prosecutor points out that account No.SB/01/050027

with the Corporation Bank, Socorro Branch, Porvorim, Goa is already

defreezed.

4.

In such circumstances, by consent of the parties, petition

is disposed of in the following terms:-

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ORDER

i.

The accounts of the petitioner except account No.

No.197101000000970 with the Indian Overseas Bank,

Socorro Branch, Porvorim, Goa are directed to be

defreezed.

ii.

Liberty to the parties to approach this Court for

modification, if necessary. event of there being any

development.

iii.

Rule is made absolute in the aforesaid terms.

iv.

Learned Public Prosecutor undertakes to send a copy

of this order to the concerned banks.

PRITHVIRAJ K. CHAVAN,J.

C. V. BHADANG,J.

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