Legal Provisions Involved: Section 102 of Code of Criminal Procedure, 1973; Section 13(1)(b) and 13(2), Prevention of Corruption Act, 1988; Section 18A, PC Act.

Judgement By: Supreme Court of India

Bench/Judge: Justice Sanjay Karol and Justice Prashant Kumar Mishra

Facts

The Anti-Corruption Branch in West Bengal conducted an enquiry against the respondent’s son and later registered an FIR under the Prevention of Corruption Act, 1988 (PC Act). During the investigation, the police froze certain fixed deposits belonging to the respondent under Section 102 CrPC. The Sessions Court refused to release the accounts, but the High Court later cancelled the freezing order. The State challenged this before the Supreme Court.

Key Legal Provisions

• Section 102 Code of Criminal Procedure, 1973
• Section 13(1)(b) and 13(2), Prevention of Corruption Act, 1988
• Section 18A, PC Act.

Issues Raised

Whether the police freeze bank accounts under Section 102 CrPC when the case is registered only under the Prevention of Corruption Act?

Arguments of the Case

Both sides argued about whether Section 102 CrPC gives the police the power to freeze bank accounts in corruption cases and whether the PC Act leaves any room to use CrPC procedures.

Judgement

The Supreme Court held that the police can freeze bank accounts under Section 102 CrPC to support investigation. Section 102 CrPC and Section 18A of the PC Act work independently and do not cancel each other out. The High Court’s order was set aside and the appeal was allowed.

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