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ITEM NO.41 COURT NO.9 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 34805/2023 (Arising out of impugned final judgment and order dated 06-01-2023 in CRR No. 3523/2022 passed by the High Court At Calcutta) THE STATE OF WEST BENGAL Petitioner(s) VERSUS M/S. CARTULA HEALTH INDIA PRIVATE LIMITED Respondent(s) (FOR ADMISSION and I.R. and IA No.190512/2023-CONDONATION OF DELAY IN FILING and IA No.190513/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.190511/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 22-09-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Siddharth Agarwal, Sr. Adv. Mr. Srisatya Mohanty, Adv. Mr. Rudrali Patil, Adv. Mr. Himanshu Chakraborty, Adv. Ms. Astha Sharma, AOR For Respondent(s) UPON hearing the counsel the Court made the following
ASTHA SHARMA
ORDER
Delay condoned. Heard Mr. Siddharth Agarwal, learned Senior Counsel appearing for the petitioner. Assailing the order passed by the High Court defreezing the bank account of the respondent, the senior counsel submits that the Digitally signed by Jayant Kumar Arora Date: 2023.09.23 14:27:12 IST Reason:
- Signature Not Verified concerned bank account of the respondent was utilized for siphoning of the money generated through fradulent activities. The counsel next reads the provisions of Section 102 of the CrPC to argue that only a linkage with the crime is necessary to be shown for the police to seize any crime related property i.e., bank account. It is therefore argued that the concerned person need not be arrayed as an accused in the crime to freez the bank account. In any case, although the respondent was not arrayed initially in the chargesheet filed on 19.12.2022, in the supplementary chargesheet filed on 27.02.2023, the respondent was specifically arrayed as an accused in the case. Issue notice, returnable in four weeks. In the meantime, the operation of the impugned judgment of the High Court is stayed. [DEEPAK JOSHI] [KAMLESH RAWAT] COURT MASTER ASSISTANT REGISTRAR
