“72. good reasons to feel can't be a rubber stamping in the opinion now shaped by somebody else. The officer that is supposed to write down his motives to believe should independently apply his head. even more, and even more importantly, it cannot be a mechanical replica from the phrases from the statute.
The court docket not long ago held the freezing on the accounts from the appellant was legally untenable on account of non-compliance with the process established underneath the Act.
The time period “any offence” and “any home” opens the huge gates for the law enforcement officer to seize any residence under the suspicious instances underneath any statute. as a result, portion 102(three) balances the strength of police authorities to seize any assets no matter the character of the offence i.e. cognizable or non-cognizable because the investigating officer is obligated to report back to the Magistrate in regards to the seizure from the house and When the home can't be furnished towards the court then the law enforcement authorities shall give that residence to anyone who promises to execute a bond for giving the property before the court docket as and once the Magistrate directs.
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The judicial pronouncements analysed previously mentioned mirror the position which the bank accounts of any individual, entity or small business may be frozen even though the account holder had no involvement inside the alleged criminal offense.
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would not be captivated exactly where the residence has not been traced or uncovered which leads to a suspicion of the offence having been committed. Discovery of property must precede the detection of criminal offense
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The courtroom emphasized on the importance of drawing a harmony concerning the stated aims on the Act and guarding an accused man or woman from arbitrary motion outdoors the purview of permissible action. It observed that during the specifics on the current case, in which an order freezing the accounts of your appellant was designed only on the basis of a conversation directed to your Anti-cash Laundering (AML) Officer, this sort of motion did not satisfy the “motives to believe” exam as contemplated beneath the Act.
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On an Examination of segment 102 with the CrPC and its relevant judicial pronouncements, the subsequent broad Necessities emerge:
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