Fascination About bank defreeze case kerala
Fascination About bank defreeze case kerala
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The Bench noticed the authorities experienced did not adjust to the necessary requirements as laid down below area seventeen of the Act, specially the failure to record “
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The provision of portion 102 has a wide compass and isn't limited to recoveries during the look for by yourself, neither is it restricted minutely into the cases in regard to cognizable offenses. The bank accounts like another house is freezable as freezing the account is an act of investigation which act undoubtedly instructions and behooves secrecy to protect the evidence and it does not deprive anyone of his liberty.
writ jurisdiction of this Court can't be stated being barred inside of a case in which a obvious illegality fully commited with the seizing Officer is alleged and sought to generally be substantiated despite Section 457 on the Cr.P.C. giving an alternate cure in these types of scenario.
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wouldn't be captivated where by the assets hasn't been traced or learned which results in a suspicion of the offence getting been committed. Discovery of property need to precede the detection of crime
as a result, the court docket upheld the freezing of your bank accounts observing that the amounts gained from the accused have already been observed parked during the bank account of the Petitioner. However, the court docket also pointed that given the pendency in the investigation, a conclusive locating With this regard cannot be recorded.
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