the proposition that powers less than portion 102 of the Code, are for being exercised only when discovery of the property causes suspicion of the commission of the offence, isn't going to stand for the right statement of law in look at of Neogy (supra), whereby it has been held that In case the residence seized has hyperlinks with commission of the offence under investigation, energy less than portion 102 of the Code may be exercised.
even further, to invoke area 102 of the CrPC, particularly to freeze a bank account, there have to be an affordable suspicion with the involvement in the bank account With all the commission of against the law. It will be upon the investigating authority to satisfy that there exists sufficient content to point out that the amount from the bank account is connected Together with the alleged offence.
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, the large court docket of Madras although directing the de-freezing of the account pointed the investigating authorities experienced don't just did not comply with the mandate of part 102 but had also frozen the bank accounts devoid of even registering an FIR, demonstrating the hastiness of the officers' steps.28 The court docket also considered which the explained bank accounts were being getting used to repay the Petitioner's bank loan quantities. As such, the courtroom discovered the actions from the investigating authority as violative on the Petitioner's basic appropriate beneath Article 21 with the Constitution.
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The Bench also noticed the impugned freeze would not even fulfill the problems laid down beneath the provisions from the CrPC.
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The decide explained in his buy that the directions are specific safeguards "lest the people here today eliminate their religion within the UPI method by itself, especially when it is recognised internationally like a vanguard initiative of India".
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On an Evaluation of Section 102 of your CrPC and its similar judicial pronouncements, the following wide essentials arise:
[17] to hold which the accused is entitled for a right to lawful representation and never vested having a proper to pick their favorite legal illustration if they don't possess money.