“seventy two. factors to believe that can not be a rubber stamping from the feeling now formed by another person. The officer that is designed to publish down his causes to believe that needs to independently implement his intellect. even more, plus much more importantly, it can not be a mechanical copy in the words and phrases during the statute.

Therefore, investigating authorities can only freeze bank accounts In the event the deposit in the account is stolen dollars or even the account is linked by having an alleged offence that's under investigation.

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The higher courtroom of Madras in the same make a difference was approached by a Petitioner who was a 3rd party to the criminal proceedings initiated because of the police authorities.

The judicial pronouncements analysed higher than reflect the situation that the bank accounts of any individual, entity or enterprise can be frozen whether or not the account holder experienced no involvement during the alleged criminal offense.

Justice Ramachandran in his judgment reported the petitioners (bank clients) could never ever be considered as accused although disputed cash was credited to their account Except if the investigation sooner or later exposed they ended up complicit while in the cybercrime or had acquired the money following remaining aware about the crime, Justice Ramachandran explained in his purchase.

Freezing of bank accounts by investigating authorities in a mechanical style is an ever-increasing issue confronted by Indian corporations and firms.

[21] experienced quashed the prohibitory buy for that seizure on the bank account from the accused individual’s spouse because originally the law enforcement unsuccessful to mention the charges less than which the wife on the accused individual was booked and further more her partnership with the accused was wrongly said in the final report. The Court was ambivalent and held that The cash retained inside the bank account of the spouse of your accused can not be seized and if there is a transfer of money amongst the two bank accounts i.

it had been pointed because of the Supreme courtroom that the legislature by including the phrases ‘any house’ and ‘any offence’ less than portion 102 of your CrPC experienced given the provision a broad scope.

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’ under part 102 on the CrPC and will for that reason be frozen with the investigating authorities, if uncovered to obtain immediate hyperlinks With all the commission of an offence. 

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the authorities will not be imagined to initiate these kinds of drastic actions to impair the business of anybody who will not be an accused within the case ordering to freeze the Bank Accounts or obstructing such individuals from operating their accounts.

’ referred in part 102 on the CrPC will only include moveable assets and excludes immovable property. The use of the phrases like ‘seize’ and ‘deliver’ as A part of the provision show which the phrase ‘any assets’ as applied underneath part 102 in the CrPC will use only to moveable property.