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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether the police could invoke Section 102 of the Code of Criminal Procedure, 1973 to direct freezing of bank accounts and other financial assets where the assets were prima facie linked to alleged cheating, forgery and criminal conspiracy.
Analysis: The power under Section 102 is not confined to property discovered first and then creating suspicion by its own nature alone. Where the investigation reveals that money has been dishonestly obtained from the Government by fabricated documents and then parked in bank accounts, lockers and investments in the names of the accused and benamidars, the discovered assets themselves become circumstances linking them to the offences under the Indian Penal Code. The existence of accounts in fictitious names, accounts in the name of the petitioner himself under another identity, and deposits in the names of close family members allegedly supported by forged signatures provided sufficient prima facie material for the investigative agency to treat the assets as connected with the offences and to restrain their operation.
Conclusion: The freezing directions were within the investigative power under Section 102 of the Code of Criminal Procedure, 1973 and no interference was called for.
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