Supreme Court

JUSTICE SANJAY KISHAN KAUL, JUSTICE M.M. SUNDRESH

RATAN BABULAL LATH

Vs.

THE STATE OF KARNATAKA

CRIMINAL APPEAL NO. 949 OF 2021
6th September 2021
Citation: 2021 ALL SCR (ONLINE) 425

1. Leave granted.

2. The only question which we are examining is whether the attachment of bank account of the appellant is sustainable in exercise of powers under Section 102 Cr.P.C.

3. The counter affidavit of the respondent seeks to suggest that they are in the process of filing an application under Section 18A of the Prevention of Corruption Act, 1988, since the earlier authorization issued by the Government under Section 3 of the Criminal Law Amendment of Ordinance, 1944 was not in the form of the Government Order.

4. Be that as it may, on that account, it is not possible to sustain the freezing of the bank account of the appellant taking recourse to Section 102 Cr.P.C. as the Prevention of Corruption Act is a Code by itself.

5. In view of the aforesaid position, the freezing of the account of the appellant cannot be sustained and is, accordingly, set aside. Consequently, the impugned order is also set aside leaving open to the respondent to take such recourse in law as may be permissible.

6. The appeal is allowed.

7. The parties to bear their own costs.