Can police freeze a bank account without court order?
Sunlawseeker
(Querist) 19 July 2012
This query is : Resolved
Dear Advocates!
Can a police department,whatever the investigating agency may be, freeze a bank account without getting an order from the competent court?
Awaiting reply.
Thanking you
Regards,
V.Sundaresan,
Arvind Singh Chauhan
(Expert) 19 July 2012
In may opinion they can do so but only for some period and for particular purpose. I am also wating the opinions of members.
K.K.Ganguly
(Expert) 20 July 2012
In one case at Kolkata, the police froze one bank Account against Court Order. I am interested to know whether they can do the same without Court Order or not.
Guest
(Expert) 20 July 2012
The question is of general academic nature without mention of a specific problem with appropriate background.
The question is not whether the police can freeze or not the bank account without the orders of the court. The question is whether the bank account was being used to fund anti-national or terrorists activities or not. Of course, if that be the reason and the police needs immediate action to avoid any more damage to the national interests, they can swing in to action in anticipation of the court order where any abnormal delay is expected in getting the court order.
However, police do not have any power to freeze the bank account against the existing orders of the court. They would need to get the court order rescinded by taking proper legal recourse.
Sudhir Kumar, Advocate
(Expert) 20 July 2012
what was the court order. what is the reasons for police to freez the account.
prabhakar singh
(Expert) 20 July 2012
Ambiguous is your query.
There may be several instances where during inquiry police can do so.
If police has been restrained by courts order,obviously it can not do so.
You should be very specific about facts of your case.
