VIKAS KUMAR Vs. D R I

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the CR.PC, seeking inter alia for issuance of directions to the respondent to defreeze the bank accounts of the petitioner, his mother, Smt. Jeewanlata and his two brothers, Mr. Jitender Kumar and Mr. Himanshu.

(2.) IT is stated by the counsel for the petitioner that the petitioner was arrested on 9/10/2001 in case SC No.4/04 before Special Judge, NDPS on the allegation that one Mr. Satpal Juneja, who was found in possession of 4.740 kg. heroin at IGI Airport, New Delhi, had named the petitioner in his disclosure statement. He submits that upon being released on bail, the petitioner found out that his bank accounts and that of his family members had been frozen by the respondent vide letters dated 17.05.2002 (Annexure P1). In the said letters, the respondent had informed the concerned banks, namely, Bank of Punjab Ltd., Model Town, Jalandhar (Punjab), Punjab National Bank, Urban Estate, Phase-I, Jalandhar (Punjab) and HDFC Bank Ltd, 35, G.T. Road, Jalandhar (Punjab) that no further transfer/withdrawal from such accounts/FDR/Lockers may be allowed by them without obtaining clearance from the Directorate.

(3.) ON a pointed query posed in respect of the stand of the petitioner with regard to the mandatory permission required to be sought from the competent authority for confirmation of the orders of freezing of bank accounts passed in respect of the petitioner, pursuant to the letters dated 17.05.2002 issued by the department, counsel for the respondent submits that the record does not reflect any such confirmation order, though, he does not deny the fact that it is a mandatory obligation on the competent authority to confirm such an order.