S.A. Shahira Banu v. The State Rep By, The Assistant Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.3960 & 3973 of 2025 S.A.Shahira Banu ... Petitioner in Crl.O.P.

No.3960 of 2025 M.A.Murath Basha ... Petitioner in Crl.O.P.

No.3973 of 2025 Vs.

1. The State Rep. by Assistant Commissioner of Customs, Rummaging and Intelligence - Airport (AIR) 3rd Floor, New Custom House, Meenambakkam, Chennai - 600 027.

2. The Branch Manager, Tamil Nadu State Apex Co-operative Bank Ltd., Saidapet Branch (SDP 26) No.30, Kuyavar Street, Saidapet, Chennai - 600 015.

... Respondents in both Crl.O.Ps.

Common Prayer : Criminal Original Petitions are filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondents herein to defreeze forthwith the savings account of the petitioners maintained with the second respondent bank in Account

Nos.226042659 & 703190582 respectively, frozen in view of the letter dated 31.07.2024 vide proceedings in O.S.No.66/2024-INT-AIR issued by the first respondent.

In both Crl.O.Ps.

For Petitioner : Mr.G.Mageshkumar For Respondents For R2 : Mr.M.R.Dhalapathy Vignesh Kumar COMMON ORDER These Criminal Original Petitions have been filed for directions directing the respondents to defreeze the savings account of the petitioners maintained with the second respondent bank in Account Nos.226042659 & 703190582.

2.

It is seen that the petitioners' son is an accused in O.S.No.66/2024-INT-AIR for the offences punishable under Sections 135 (1)(a), 135(1)(b) and Section 135(1)(i)(A) of the Customs Act, 1962 and still the investigation is pending on the file of the first respondent. The petitioners are none other than the parents of the accused and there are transactions between the petitioners' account and their son's account. Therefore, while pending the investigation, the direction sought for by the petitioners to defreeze the account cannot be considered.

3.

Accordingly, both the Criminal Original Petitions stand dismissed.

14.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. The Assistant Commissioner of Customs, Rummaging and Intelligence - Airport (AIR) 3rd Floor, New Custom House, Meenambakkam, Chennai - 600 027.

2. The Branch Manager, Tamil Nadu State Apex Co-operative Bank Ltd., Saidapet Branch (SDP 26) No.30, Kuyavar Street, Saidapet, Chennai - 600 015.

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.Nos.3960 & 3973 of 2025 14.03.2025