During an investigation a Bank account is to be freezed for suspicious transactions, it can always direct the bank to freeze such bank accounts. And of course, such defreezing of the account shall depend upon the outcome of the investigation. The affected party can of course, seek remedy from the Magistrate concerned after the investigation is concluded and if chargesheet is filed, to limit freezing of account to the extent of money involved.
Section 102 Cr.P.C. now reincorporated as Section 106 BNSS, as under:-
“102. Power of police officer to seize certain property.-(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the Commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
(3) Every police officer acting under Sub-Section
(1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the
property seized is such that it cannot be, conveniently transported to the Court or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same.
Provided that where the property seized under Sub-Section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
From a bare reading of the aforesaid provision it is clear that a police officer is entitled to seize property of accused persons during investigation by passing orders and the only duty is to report such seizure to the Magistrate concerned. There is no obligation cast upon police to seek prior order from the Magistrate for seizure of property.
If the petitioner is aggrieved by freezing and wants to get her account defreezed, it is open to her to approach the investigating authorities or a court of competent jurisdiction for appropriate relief in accordance with law as observed above.
Related Article :
Who will be entitled to interim custody of the property when the trial is pending?