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The Court held that freezing of a person’s bank account and restricting them from making any transactions impacts the person’s right to earn livelihood and to carry out business transactions, which falls within right to life guaranteed under the Constitution.
The Court issued guidelines stating conditions to be followed by the banks and investigating officers with respect to freezing, lien, hold, or seizure of bank accounts in cyber financial crime investigations, directing the respondents to review the restraints imposed on bank accounts in the light of given directions.
“This act constitutes a serious interference with Administration of Justice and also makes out a prima facie case of criminal contempt under the Contempt of Courts Act, 1971.”
“If the accused’s plea was accepted, it would amount to usurping the jurisdiction and power vested in the Designated Authority, who had all the powers of a Civil Court under Section 31 of the UAPA for making full and fair enquiry into the matter before it.”
Calcutta High Court deemed the criminal proceedings an abuse of the process of law and allowed the revisional application.
Allahabad High Court noted that the penalty order does not appear to bring out any conduct of the petitioner as may indicate or establish collusion between the petitioner and the importing dealer.
While Xiaomi’s petition was held to be maintainable on the fulcrum of Article 14, however, the impugned provision as per the High Court did not manifest any arbitrariness.
The petitioner relied upon S.K. Raju v. State of West Bengal, (2018) 9 SCC 708 which had observed that wherever the search of a person takes place, the requirement of mandatory compliance of Section 50 of NDPS was attracted, irrespective of whether the contraband was recovered from the body of the person or not.
On 23-12-2022, the Ministry of Finance (MoF) has issued the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.
Delhi High Court: In a suit for permanent injunction and damages for infringement of marks, passing off and unfair competition
Orissa High Court: In a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Code’) challenging the
Income Tax Appellate Tribunal (ITAT), Jaipur: While deciding the instant appeal revolving around the addition of the assessee’s generational streedhan as unexplained
Kerala High Court: N. Nagaresh, J., directed the Geologist of Department of mining & geology, Manjeri to release wrongfully seized vehicles of
Supreme Court: The Division Bench of Hemant Gupta* and V. Ramasubramanian, JJ., held that non-supply of satisfaction note to the assessee will
Karnataka High Court: S G Pandit, J. declared the present writ petition filed by XIAOMI India under Article 226 of
Gauhati High Court: A bail application under Section 438 of the Criminal Procedure Code, 1973, (CrPC) was denied by Sanjay Kumar Medhi,
by Kapil Madan†, Gurmukh Singh Arora†† and Pulkit Pandey†††
Cite as: 2021 SCC OnLine Blog Exp 70
Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that the Magistrate is denuded of his power to pass any order under
Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna* and V. Ramasubramanian, JJ has held that under the Prevention
Appellate Tribunal for Prevention of Money Laundering Act: The Bench of Manmohan Singh, J. (Chairman) and G.C. Mishra (Member) set aside Adjudicating