Piyara Begum Vs the Branch Manager — Narcotics (NDPS) | Gauhati HC (2025)

Piyara Begum Vs the Branch Manager — Narcotics (NDPS) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

De-freezing of A/c no. 0038200100009425 (Punjab National Bank, Badarpur Branch) and A/c no. 5488361997 (Central Bank of India, Badarpur Branch) was directed and subsequently confirmed as effected; the writ petition was dismissed as not pressed insofar as A/c no. 31041913717 was concerned.

Issue for consideration

Whether the three bank accounts kept freezed pursuant to the instructions of the Investigating Officer of Haflong Police Station Case no. 17/2024 (registered under Section 21(b), NDPS Act), including two accounts held in the name of the petitioner's daughter, ought to be de-freezed.

Court's answer

On the State's submission that the two accounts could be de-freezed, the respondent no. 4 (Officer In-Charge, Haflong Police Station) was directed to take necessary steps for de-freezing of the two accounts immediately by placing instructions to the concerned Bank Managers.

Ratio / Principle

Taking note of counsel's submission that the petitioner was not pressing the writ petition insofar as A/c no. 31041913717 was concerned (the two other accounts having been de-freezed), the writ petition was dismissed as not pressed.

Detailed headnote1 paragraphs

Gauhati High Court (Manish Choudhury, J.), WP(C)/1342/2025, order dated 02-05-2025: Three bank accounts — one in the petitioner's name (A/c no. 31041913717, State Bank of India, Bhanga Branch) and two in the name of her daughter, Miss Afsana Khanam (A/c no. 0038200100009425, Punjab National Bank, Badarpur Branch; A/c no. 5488361997, Central Bank of India, Badarpur Branch) — had been kept freezed pursuant to instructions of the Investigating Officer of Haflong Police Station Case no. 17/2024, registered under Section 21(b), NDPS Act, in which the petitioner's husband, Harich Ali @ Kaku, is an accused and was arrested. On the State's submission that the two accounts in the daughter's name could be de-freezed, the Officer In-Charge, Haflong Police Station was directed to de-freeze them immediately; both were thereafter de-freezed. The police stated that A/c no. 31041913717 showed multiple transactions between the accused and the petitioner, requiring continued freezing. The petitioner did not press the writ petition qua that account, and the writ petition was dismissed as not pressed.

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GAHC010044542025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1342/2025

PIYARA BEGUM W/O- LATE HARICH ALI, R/O-VILLAGE- DEORAIL, P.O AND P.S-BADARPUR, DISTRICT- SRIBHUMI, ASSAM, PIN-788806

VERSUS

THE BRANCH MANAGER

PUNJAB NATIONAL BANK, BADARPUR BRANCH, BADARPUR, P.OBADARPUR, DISTRICT- SRIBHUMI, PIN-788806

2:THE BRANCH MANAGER STATE BANK OF INDIA BHANGA BRANCH BADARPUR P.O- BADARPUR DISTRICT- SRIBHUMI PIN-788805

3:THE BRANCH MANAGER CENTRAL BANK OF INDIA BADARPUR BRANCH BADARPUR P.O- BADARPUR DISTRICT- SRIBHUMI PIN-788806

4:THE OFFICER IN CHARGE HAFLONG POLICE STATION HAFLONG DIST- DIMA HASAO ASSAM PIN-78881

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Advocate for the Petitioner : MR. A B T HAQUE, MR. J M A CHOUDHURY,K A SODIAL Advocate for the Respondent : GA, ASSAM,

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 02-05-2025

Heard Mr. A.B.T. Haque, learned counsel for the petitioner and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 4.

The grievance of the petitioner, in brief, was that three bank accounts – A/c no. 31041913717, A/c no. 0038200100009425 & A/c no. 5488361997 – were kept freezed pursuant to instructions placed by the Investigating Officer of Haflong Police Station Case no. 17/2024, registered under Section 21[b], NDPS Act. The bank account no. 0038200100009425 maintained at Badarpur Branch of Punjab National Bank and bank account no. 5488361997 maintained at Badarpur Branch of Central Bank of India are in the name of the daughter of the petitioner, Miss Afsana Khanam. The other bank account no. 31041913717 maintained at Bhanga Branch of State Bank of India is in the name of the petitioner.

The husband of the petitioner, Harich Ali @ Kaku is an accused in Haflong Police Station Case no. 17/2024 and he was also arrested in connection with the said case.

On 21.03.2025, Ms. Barman on the basis of the instructions received from the respondent no. 4 had submitted that the Officer In-Charge, Haflong Police Station had informed that the bank account no. 31041913717 is found to have

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links with Haflong Police Station Case no. 17/2024 as multiple transactions were found between the accused and the petitioner and it is in such view of the matter, the freezing instruction pertaining to bank account no. 31041913717 requires to be continued. The Officer In-Charge, Haflong Police Station [the respondent no. 4] further informed that other two bank accounts, that is, bank account no. 0038200100009425 maintained at Badarpur Branch of Punjab National Bank & bank account no. 5488361997 maintained at Badarpur Branch of Central Bank of India could be de-freezed.

In view of the above submission made by Ms. Barman made on receipt of instructions received, the respondent no. 4 was directed to take necessary steps for de-freezing of the afore-mentioned two accounts immediately by placing the instructions to the concerned Bank Managers.

Today, Ms. Barman has placed that the two bank accounts - A/c no. 0038200100009425 & A/c no. 5488361997 have already been de-freezed.

Mr. Haque, learned counsel for the petitioner has submitted that in view of such developments regarding de-freezing of the afore-mentioned two bank accounts, the petitioner, at this stage, is not pressing the writ petition in so far as the bank account, A/c no. 31041913717 is concerned.

Taking note of the submission made by Mr. Haque, learned counsel for the petitioner, the instant writ petition is dismissed as not pressed.

JUDGE

Comparing Assistant