Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Code 1973: s.102 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure Code, 1973:s.102 - Sweep, purport and applicability of - Prosecutionalleged that two Trusts run by the private appellants and otheraccused actively collected funds as donation in the name ofproviding legal assistance to the 2002 Gujarat riot victims - Suchdonations never reached the victims - FIR filed - Investigatingagency noticed substantial discrepancies in bank accounts, copiesof audited account statements and Balance Sheet of the appellants'trusts - Consequently stated bank accounts were seized by theinvestigating agency u!s.102 C!'.P.C - Appellant contended that· power u!s.102 could not have been exercised as no material wasproduced by the investigating authority to support the fact that theproper~l' in question was parted with to indicate the commission ofalleged offences - Held: Investigating officer was in possession ofmaterials pointing out circumstances which create suspicion of thecommission of an offence, in particular, the one under investigationand he having exercised powers u!s. I02 Cr.P. C, which he could, inlatt therefore, could legitimate.!Y seize the bank accounts of theappellants after following the procedure prescribed in sub-section.(2) and sub-section(3) of the provision - Indisputably, investigationis still in progress - The suspicion entertained by the investigatingagency as to how the appellant appropriated huge fimds will haveto be explained by the appellants - However, once the investigationis complete and police report is submitted, it would be open to theappellants to apply for de-freezing of the bank accounts andpersuade the concerned Court that the said bank accounts are nomore necessary for the purpose of investigation, as provided insub-section (3) of s.102 Cr.P.C - Penal Code, 1860 - ss.406, 420and 120B - Information Technology Act,. 2000 - s. 72A. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 1239 |
Petitioner | Teesta Atul Setalvad |
Respondent | The State Of Gujarat |
SCR | [2017] 12 S.C.R. 774 |
Judgement Date | 2017-12-15 |
Case Number | 1099 |
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