Muhammed Arshad P.M vs Union Of India

Kerala High Court

Muhammed Arshad P.M vs Union Of India on 21 May, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 12078 OF 2024
PETITIONER:

            MUHAMMED ARSHAD P.M.
            AGED 22 YEARS
            S/O ABDUL AZEEZ, PARAYIL METHAL HOUSE, CHEROOPPA P. O.,
            MAVOOR, KOZHIKODE DISTRICT, KERALA, PIN - 673661

            BY ADVS.
            HAMZATH ALI V.K.
            AYISHA AFRIN A.V.K.



RESPONDENTS:

    1       UNION OF INDIA
            MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI,
            REPRESENTED BY ITS HOME SECRETARY, PIN - 110001

    2       THE FEDERAL BANK
            KODUVALLY BRANCH, IRIS TOWER, KODUVALLY, KOZHIKKODE,
            KERALA-, REPRESENTED BY ITS BRANCH MANAGER, PIN -
            673572

    3       THE POLICE INSPECTOR
            BHUJ- B DIVISION POLICE STATION, KACHCHH WEST DIVISION,
            OLD DHATIA FALIA, BHUJ, GUJARAT E-MAIL: POLSTN-BHUJRL-
            [email protected], PIN - 370001

            SRI.MOHAN JACOB GEORGE, SC
            SRI.V.GIRISH KUMAR, CGC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12078 OF 2024              2


                            T.R. RAVI, J.
            --------------------------------------------
                   W.P(C).No.12078 of 2024
                --------------------------------------------
            Dated this the 21st day of May, 2024

                           JUDGMENT

The petitioner is a holder of an account with the Bank and his account has been frozen on intimation by Police Authorities. The Court had, at the time of admission, issued interim directions to restrict the freezing of the accounts to the amount which had been subject matter of the dispute, as per the intimation received from the Police authorities. The Bank has also taken action to that extent pursuant to the directions issued by this Court. In similar cases, this Court had after issuance of such interlocutory orders, closed the writ petitions with certain directions. Paragraph No.12 of the directions issued in Dr.Sajeer v. Reserve Bank of India [ 2023 KHC OnLine 661] is extracted hereunder;

"12. In fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recovered from the petitioners, if they have received it as part of bonafide or WP(C) NO. 12078 OF 2024 3 other valid transactions, unaware of it being proceeds of crime.

In the conspectus of the above, I order these Writ Petitions with the following directions:

a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit.

                 b.   The    respondent    -   Police
           Authorities    concerned    are    hereby

directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment.

c. On the Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action - either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be.

d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court WP(C) NO. 12078 OF 2024 4 again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future."

This writ petition is disposed of with the above said directions.

Sd/-

T.R.RAVI JUDGE LEK WP(C) NO. 12078 OF 2024 5 APPENDIX OF WP(C) 12078/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FIRST PAGE OF THE BANK ACCOUNT STATEMENT OF THE PETITIONER'S SAVINGS ACCOUNT, HAVING ACCOUNT NO. 10590100256443, MAINTAINED IN THE FEDERAL BANK - KODUVALLY BRANCH, ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 19.03.2024