MOQBOOL AHMED MOHD Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) The question for our decision in this writ petition, referred to a Division Bench by our learned brother C.V.N. Sastry, J., on the ground that it involves an important question, is: whether Section 102 Cr.P.C., empowers a Police Officer to freeze the bank account of a person suspected to be involved in the commission of an offence?

(2.) The first petitioner is the husband of the second petitioner. They are intimately associated with a firm by name Matchless Travel Bureau,Hyderabad. Petitioner No.1 is the Executive Director and the second petitioner, his wife, is one of the partners. The firm is an approved agent of I.A.T.A.(International Air Transport Association). It is stated that all the Airlines extend credit facilities to the approved agents. The firm's main business is to book airtickets to foreign countries.

(3.) Petitioners 1 and 2 are figuring as A-2 and A-4 in Crime No.170/95 of the Saidabad Police Station, Hyderabad registered under Sections 465, 471 and 420 of the Indian Penal Code, Sections 3 and 4 of the Passports Act and Section 25 of the Emigration Act. In the remand report submitted before the XV Metropolitan Magistrate by the Inspector of Police (Foreigners Branch)Special Branch, Hyderabad, it is alleged, inter alia, that one Mohd. Ibrahim All (A-1 in Cr.No.170/95) travelled on a ticket sold by the firm from Hyderabad to Montreal. At the London Airport, it was detected by the Immigration authorities that A-1 was in possession of a forged Canadian Immigrant Visa No.W-0174367883 and a forged Canadian admission stamp on page No.20 of his passport. Due to reasons beyond the control of the Air India, the passenger (A-1) was forced to travel further to New York on purely technical grounds and on arrival at the John F. Kennedy Airport, New York, the U.S. Immigration authorities confirmed that the Visa for Canada was a forged one and so, he was deported back to Bombay in India. After A-1 was brought back to Bombay, he confessed that the petitioner No.1 (A-2) and one Syed Hussain alias Asif (A-3) promised him a "safe haven" in New York for a consideration of a total amount of Rs.3,25,000/-, out of which Rs.1,25,000/- was already paid at Hyderabad prior to his departure and the balance of Rs.2,00,000/- was to be paid after his reaching New York. He also disclosed that his elder brother - Mujeeb-ur-Rahman - was settled in New York engaging in business and his ultimate destination was New York. The air-ticket as well as the Canadian Immigrant Visa were arranged by A-3 and A-2 (petitioner No.l) after receiving a sum of Rs.1,25,000/-, from A-1. The case is still under investigation; the charge-sheet has not yet been filed.