M/S Maranatha Fishing Material ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 482 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                WRIT PETITION No.42523 of 2022

ORDER:

The petitioner is an accused in Crime No.102 of

2018 registered with the Chirala Rural Police Station,

Vadarevu, for the offences under Sections 468, 471, 477 A,

409, 120-B read with Section 34 of Indian Penal Code. In the

course of investigation, the bank account of the petitioner

bearing No.918020040486088 held with the 3rd respondent

was frozen on the basis of the letter dated 24.09.2018 issued

by the 2nd respondent.

2. The petitioner being aggrieved by the said letter

along with the consequential letter dated 28.09.2018 of the

3rd respondent is before this Court.

3. Ms M.Srenitha, learned counsel representing on

behalf of Sri K.V.Aditya Chowdary, learned counsel appearing

for the petitioner would submit that the freezing of the bank

account of the petitioner for the past four years without any

further movement in the investigation is clearly an arbitrary

exercise. She would further submit that the provision under

Section 102 of Criminal Procedure Code would also not really

be available in the presented facts. There is no attempt even

to verify whether the funds available in the account of the

petitioner are the proceeds obtained from the transactions

which are the subject matter of the investigation. She would

further draw the attention of this Court to the orders dated

18.04.2019 in I.A.No.1 of 2018 in W.P.No.45125 of 2018 and

the Judgment of this Court dated 27.11.2019 in

W.P.No.45033 of 2018 to contend that this Court, in similar

circumstances, had directed de-freezing of the bank account

of the petitioners therein.

4. A perusal of the said orders show that

investigation was being carried out in relation to various

agencies which are said to have defrauded/cheated fishermen

in relation to loans that are said to have been taken by them

for purchase of fishing nets etc. The two orders of this Court,

mentioned above, were given in relation to other persons who

are accused of similar crimes mentioned above.

5. In these circumstances, I do not find any purpose

being achieved by the continued freezing of the account of the

petitioner. The written instructions given by the 2nd

respondent also does not state as to how continued freezing

of the bank account of the petitioner would forward the

investigation or as to how the continuation of the freezing of

the account of the petitioner would result in any recovery of

money.

6. Apart from this, it is necessary to consider the

fact that the freezing of the account of the petitioner

effectively disables the petitioner from carrying on business

and the same would take away the valuable rights of the

petitioner to carryon business in the Country.

7. For all the aforesaid reasons, the letter dated

24.09.2018 of the 2nd respondent and the consequential letter

dated 28.09.2018 of the 3rd respondent are set aside and the

petitioner shall be entitled to operate the bank account

bearing No.918020040486088. However, this shall be subject

to the condition that the petitioner maintains the minimum

balance of Rs.9,15,000/-, which is the approximate amount

available on the account as of today. The condition of the

petitioner maintaining the minimum balance mentioned

above shall be subject to such further orders that the Trial

Court may give in the case after investigation has been

completed and a report is filed under Section 173 of Criminal

Procedure Code before the Trial Court.

8. Accordingly, this Writ Petition is disposed of.

There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J

30.01.2023 RKS