(Sanjay Kishan Kaul and M.M. Sundresh, JJ.)
Ratan Babulal Lath _______________________________ Appellant;
v.
State of Karnataka _____________________________ Respondent.
Criminal Appeal No. 949 of 2021 (Arising out of SLP (Crl.) No. 2987/2021), decided on September 6, 2021
The Order of the court was delivered by
Order
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.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2987/2021
Ratan Babulal Lath __________________________________ Petitioner
v.
The State of Karnataka _____________________________ Respondent
Date : 06-09-2021 This petition was called on for hearing today.
(Before Sanjay Kishan Kaul and M.M. Sundresh, JJ.)
For Petitioner(s) Mr. Ashwin Vaish, Adv.
Mr. Shantanu Sagar, AOR
For Respondent(s) Mr. Shubhranshu Padhi, AOR
Mr. Ashish Yadav, Adv.
Mr. Rakshit Jain, Adv.
Mr. Vishal Banshal, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeal is allowed in terms of the signed order.
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