S PURBANCHAL ROAD SERVICE GAUHATI Vs. STATE

JUDGEMENT

(1.) In this application u/S.482, Cr. P.C. read with S. 401, Cr. P.C., the petitioner has challenged the order dated 8-8-90 passed by the Special Judge Assam and letters dated 8-5-90 of the Inspector (CBI) Gauhati in Crime Case No. RC 23/89 SHG u/Ss. 120-B and 409. IPC and S. 5(2), PC Act.

(2.) Facts,- The Inspector (CBI) Gauhati wrote letters dated 8-5-90 to the Manager of the State Bank of India, Shillong, the Manager of the Indian Bank Gauhati, the Manager ,State Bank of India , Aizawl, and the Manager of the Gauhati Co-operative Town Bank Ltd. Gauhati directing them not to allow the petitioner, M/s Purbanchal Road Service Gauhati, to withdraw money or property from their respective banks respecting amount deposited by and credit balance and lockers held by the petitioner, which are described in those letters, stating that they have been seized u/S. 102, Cr. P.C. during investigation of the Crime Case No. 23/89 SHG. Thereafter, the petitioner filed an application before the Special Judge Assam for releasing them. The learned Special Judge has rejected the petition by holding that the petition is premature. Hence this petition.

(3.) Mr. J. M. Choudhury, the learned counsel for the petitioner has submitted that a police officer has no jurisdiction to pass an order prohibiting a bank with which an accused has an account and a locker not allowing to operate them. The learned counsel has placed reliance on the decision in Textile Traders Syndicate v. State of U.P. AIR 1960 Allahabad 405.