The Karnataka High Court has held that freezing the petitioner's bank account would adversely affect his right to life under article 21 of the Indian Constitution.
Brief Facts
The Complainant received an email stating that she won a lottery and she was asked to deposit a certain sum. She obliged and did so. One of the account numbers belonged to the Petitioner. After investigation, all the bank accounts were frozen by the Police.
Case of the Petitioner
Petitioner claimed to be running Chain Electronics Stores in Delhi. He claimed that the petitioner was facing difficulties because his account was frozen and as a result he was not able to carry out his business. It was further claimed that he has proof and justification. He claimed that it infringed the principles of natural justice and was a violation of his right to life under Article 21 of the Indian Constitution.
Reasoning and Decision of the Court
The Court noted that it is not disputed that all the four bank accounts of the petitioner have been Frozen by virtue of the notice issued by the investigating officer. Further, the court opined that certainly freezing of account would adversely affect his right to life under article 21 of the Indian Constitution.
Held
To meet the ends of justice, the Court directed the Police to convey the concerned banks to de-freeze the four bank accounts concerned, provided the petitioner offered a bank guarantee for a sum of rupees 3,73,899/-.
Case Details
Case Name: Narayan Yadav v. State of Karnataka & Others
Date of Decision: August 30, 2021
Bench: Hon’ble Mr. Justice Mohammad Nawaz
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