WA No.3 of 2021

Page 1

(Through video-conferencing)

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

WRIT APPEAL NO. 3 OF 2021

WITH

M.C.(W.A.) NO.25 OF 2021

1. State of Manipur, represented by the Chief Secretary,

Government of Manipur, Babupara Old Secretariat Building,

Imphal West - 795001.

2. The Director General of Police, Government of Manipur, Babupara,

P.O. & P.S. Imphal - 795001.

3. The Superintendent of Police, Imphal West District, Manipur.

4. The Addl. Superintendent of Police (L & O), Imphal West,

Manipur.

....... Appellants

- Versus -

Mr. Canning Keishing, aged about 62 years, a resident of

Bungpa Khunou Kamjong District, Ukhrul, and at present,

residing at Mantripukhri.

..... Respondent

For the Appellants

::

Mr. S. Niranjan, Addl. Govt. Advocate

For the Respondent

::

Mr. Ch. Ngongo, Advocate

Date of reserving of Judgment

::

15.07.2021

Date of delivery of Judgment

::

09.08.2021

BEFORE

HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

AND

HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

The CJ:

[1]

Heard Mr. S. Niranjan, learned Additional Government Advocate,

appearing for the appellants, and Mr. Ch. Ngongo, learned counsel for the

respondent-writ petitioner.

KABORAMB

AM

SANDEEP

SINGH

Digitally signed

by KABORAMBAM

SANDEEP SINGH

Date: 2021.08.09

13:24:30 +05'30'

WA No.3 of 2021

Page 2

[2]

Correctness and validity of the order dated 19.03.2020 passed by a

learned Judge of this Court in W.P(C) No.902 of 2018 is called in question in this

writ appeal. By the said order, the learned Judge allowed the writ petition in part,

directing the State authorities and the State Bank of India to permit the writ

petitioner to withdraw an amount not exceeding ₹50 lakh within a week from the

date of receipt of the order but restrained the writ petitioner from withdrawing the

balance amount after an amount not exceeding ₹50 lakh was withdrawn by him,

without seeking the Court9s leave. Aggrieved by the aforestated positive direction,

the State of Manipur and its police authorities are in appeal before us.

[3]

By order dated 19.03.2021 passed in Misc. Case. (W.A.) No.25 of

2021, this Court stayed the operation of the order under appeal till the next date of

hearing. The order was extended thereafter from time to time.

[4]

Shorn of needless detail, the relevant facts: - The respondent-writ

petitioner (for brevity, 8the respondent9) is a registered Special Class Contractor of

the Public Works Department, Government of Manipur. His bank account, bearing

No.00000020037793394, in the State Bank India at M.G.Avenue Branch, Imphal,

was frozen in April, 2018, pursuant to the letter dated 06.04.2018 received by the

Bank from the police stating that the account was suspected to be involved in

criminal activities and requesting that it be frozen. Aggrieved by this action and

claiming that no reason had been furnished therefor, the respondent filed the

subject writ petition praying for a direction to the State authorities and the Bank to

permit him to withdraw the amount in the frozen account.

The affidavit-in-opposition filed by the police authorities disclosed

that Cheque No.015388/20 dated 31.03.2018 for a sum of ₹76,55,531/- had been

issued

in

favour of

the

respondent

under

Cheque

Drawal

Authority

WA No.3 of 2021

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No.33/161/2016-W dated 30.03.2018 but on 02.04.2018, the Finance Department

(Expenditure Section) addressed a letter to the Principal Secretary (Works) stating

that the said Cheque Drawal Authority was a forged/fake one. FIR No.78(4) 2018

IPS was registered on 02.04.2018 under Sections 420, 468, 120B and 511 IPC

along with Section 13(1) of the Prevention of Corruption Act, 1988, in relation

thereto. On 03.04.2018, the Executive Engineer, Ukhrul Division, PWD, Manipur,

requested the Bran