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In A different writ petition before the High Court of Kerala,[27] the de-freezing of the bank account of a charitable Culture was sought. The court docket observed the Modern society wasn't an accused from the alleged criminal offense and which the accounts ended up becoming maintained for the welfare on the customers.
In the same vein, courts have also viewed as the impact of freezing of bank accounts about the rights of men and women. As talked over above, freezing of bank accounts is only to generally be undertaken in rare instances that as well with utmost restraint As well as in compliance with the provision of portion 102 with the CrPC. In B. Kavitha vs. The Inspector of law enforcement
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They weren't prepared to give me any more info concerning why my accounts were being frozen other than The point that they were directed via the Gujarat law enforcement. Once i enquired about the solution to this issue, they started to get angry with me,” reported Ashraf, a fruit seller in Aluva.
from the concluding Component of the a few-portion Freeze and Fleece sequence on account freeze, Onmanorama appears to be like at the choices ahead of the victims.
.” nonetheless, the contention with respect to service of prohibitory purchase article freezing and seizure memo stays accessible to aggrieved functions for a tenable objection.[forty four]
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[18] noticed which the PMLA can be a standalone enactment which contains a provision for seizure including the freezing of accounts. therefore, the ability and treatment for seizure furnished beneath the PMLA should be complied with.
identical place has been articulated by the various High Courts in India.[eleven] A question that nonetheless arises is the way to interpret the phrase ‘forthwith’ as Utilized in the provision. For this, the higher court docket of Madras threw light-weight on The problem by stating that the necessity of ‘forthwith’ reporting the seizure to necessarily mean 'promptly', 'without the need of hold off', 'soon'.
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[16] The applicability on the provision was held to get large ample to cover offences produced under any statute. However, a pertinent concern occurs irrespective of whether even the officers performing beneath the PMLA can seize residence or freeze bank accounts through Section 102 from the CrPC?
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