Calcutta HC: Sec 102 CrPC not applicable for freezing bank a/c in offences under PCA

Kolkata: Directing the state to de-freeze accounts of a petitioner in an alleged corruption case, the Calcutta High Court observed that attachment or freezing of bank accounts in connection with an offence under the Prevention of Corruption Act (PCA) 1988 is to be made in accordance with the Section 18A of the Act and not Section 102 of the Code of Criminal Procedure (CrPC).

The bench of Justice Suvra Ghosh was hearing a case wherein the petitioner assailed an order passed by a bench of the City Sessions Court, which turned down the prayer of the petitioner for de-freezing the 12 fixed deposit accounts with the State Bank of India and Axis Bank frozen by the Anti-Corruption Branch Police.

The petitioner’s counsel challenged the legality of such freezing on the grounds that it was not done in accordance with the Section 18A of the Prevention of Corruption Act, 1988. The counsel submitted that the Section 102 of the CrPC which deals with the power of police officers to seize certain property is not applicable in a case under the Prevention of Corruption Act since it is a complete Code by itself.

Taking into account judgements in similar other cases, the court observed: “Section 18A of the Act envisages that attachment, administration of attached property, execution of order of attachment and confiscation of money or property procured by means of an offence under the Act shall be governed by Section 18A. Since admittedly the bank accounts of the petitioner were frozen by the opposite party by invoking Section 102 of the Code and not by procedure under Section 18A of the Act, the said freezing cannot be sustained.”

The court directed: “In view of the fact that the bank accounts in question were not frozen in accordance with law, this court does not find it necessary to deal with the prayer for de-freezing the same and objection raised thereto on merits. Accordingly, freezing of the bank accounts is set aside. “The opposite party is directed to de-freeze the said accounts within seven days from date. However, it is at liberty to take recourse to law with regard to such freezing.”