Petitioner sought defreezing of his savings account frozen during an NDPS investigation into his son's alleged offences. The court held the aggrieved party must approach the jurisdictional criminal court for redressal during investigation, and dismissed the writ petition with liberty.
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2024:MHC:2063
W.P.No.1186 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.1186 of 2024
V.Ranganathan
... Petitioner
Vs.
1.State Rep by The Inspector of Police, R-11, Ramapuram Police Station, Chennai.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, d irecting to the respondents to defreeze the Savings Account No.028901000029142, IFSC.IOBA0000289 at Indian Overseas Bank, Virugampakkam Branch, Chennai District maintained by the 2nd respondent in pursuant to petitioner representation dated 26.12.2023.
For Petitioner : Mr.P.Muthamizhselvakumar For R1 : Mr.S.Vinoth Kumar
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W.P.No.1186 of 2024
Government Advocate (Criminal Side) For R2 : Ms.S.Vidhya
O R D E R
The relief sought for in the present writ petition is to direct the respondents to defreeze the Savings Account at Indian Overseas Bank, Virugampakkam Branch, Chennai District maintained by the 2nd respondent in pursuant to petitioner representation dated 26.12.2023.
in Crime No.411 of 2023. When he is not an accused in the said criminal case, his bank account was freezed.
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W.P.No.1186 of 2024
2023 was registered under Section 8(c), 20(b)(ii), 29(1) of Narcotic Drugs
and Psychotropic Substances Act, 1985 and 276 of Indian Penal Code.
is facing three other criminal cases. During investigation, the authorities found that the proceeds of the crime has been deposited in the Bank account of the petitioner. The petitioner being the father of the accused was utilised for the purpose of depositing the proceeds of the crime and therefore, learned Government Advocate (Criminal Side) would oppose by stating that in the event of granting the relief, the investigation into the criminal offence will be hampered.
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W.P.No.1186 of 2024
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W.P.No.1186 of 2024
costs.
26.04.2024
Jeni Index : Yes Speaking order Neutral Citation : Yes
To
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W.P.No.1186 of 2024
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.1186 of 2024
26.04.2024
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1 issue framed by the court
Whether the High Court should entertain a writ petition to defreeze a bank account frozen during a pending criminal investigation.
3 provisions across 3 enactments
V.Ranganathan
State Rep by The Inspector of Police, R-11, Ramapuram Police Station, Chennai
The Branch Manager, Virugambakkam Branch, Indian Overseas Bank, Chennai District
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
