Indian Laws - Highlights / Catch Notes

Defreezing of bank accounts - Implication of Non-Reporting of ...

Supreme Court: Delayed Reporting of Bank Seizures Is Procedural, Not Substantive; Upholds Seizure Validity Despite Delay.

May 17, 2024

Case Laws Indian Laws SC

Defreezing of bank accounts - Implication of Non-Reporting of Seizure Forthwith to the Magistrate - The Supreme Court judgment addresses the critical question of whether delayed reporting of seizures to the Magistrate under Section 102(3) Cr.P.C. nullifies the seizure order. The Court traced the legislative history and examined conflicting precedents, concluding that delayed reporting is a procedural irregularity rather than a substantive illegality. The Court defined the term "forthwith" and clarified that non-compliance with the reporting requirement does not invalidate the seizure. The validity of the seizure depends on the jurisdictional and substantive grounds, not procedural compliance. - In the present case, the Supreme Court overturned the High Court’s decision to de-freeze the bank accounts of the respondents, directing them to execute a bond to deposit the seized amount if found guilty.

View Source

← Previous Next →

Defreezing of bank accounts - Implication of Non-Reporting of ...

Supreme Court: Delayed Reporting of Bank Seizures Is Procedural, Not Substantive; Upholds Seizure Validity Despite Delay.

May 17, 2024

Case Laws Indian Laws SC

You may also like:

HC allowed the petition challenging goods seizure during transit. The court found no legal basis for seizure under GST Act, as authorities failed to establish tax...

AT ruled against double seizure of bank lockers and gold in a money laundering case. The lockers (no. 86 and 96) were already under CBI custody, making subsequent...

CESTAT examined the seizure of 3998.83 grams of gold from two individuals traveling by bus, determining the legality of the customs action. The tribunal found the...

HC held that seizure under Customs Act s.110(1) requires proper officer to record specific written reasons demonstrating belief that goods are liable for confiscation....

The High Court quashed the seizure order dated 14.08.2020, holding that it violated Sections 7, 11, 46 and 47 of the Customs Act, 1962 and Section 3(2) of the Foreign...

The High Court addressed the validity of a seizure order u/s 67(2) of the CGST Act, focusing on whether the term "things" includes cash/currency seized during search and...

The High Court examined the legality of a seizure order due to unauthorized search and seizure of goods based on suspicion of storing stolen/smuggled areca nuts. The...

HC upheld the seizure of gold ornaments by RPF, finding substantial procedural and documentary irregularities. The court determined that the respondent authorities acted...

Seizure of seized vehicle - fraudulent availment of benefit of the exemption - The Petitioner is unable to render any justification for claiming the release of the...

Legality and validity of such seizure of goods - It is evident from the seizure memo as well as the materials as on that date i.e., 09.01.2020 that there could not have...

Seizure of cash in election by ECI - IT Dept. has completely failed to appreciate that neither the seizure was u/s 132 nor the pre-requisite to an exercise of search and...

The High Court examined the seizure orders and found that the officer had analyzed the relevant material and formed a "reason to believe" before effecting seizures. The...

Section 90 of the Income Tax Act allows relief from double taxation by granting foreign tax credits (FTCs) on foreign income taxed in both India and the other country....

The seized gold lacked foreign inscriptions, embossments, or 99.9% purity, and the seizure memo did not mention the officer's reasonable belief that the gold was liable...

Non-generation of e-way bill during transportation of goods led to seizure order u/s 129(3) of GST Act, imposing penalty and interest. However, it was admitted that...

Quick Updates: