K.Godwin Raj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22641 of 2023 K.Godwin Raj ... Petitioner Vs.

The State Rep.by The Inspector of Police, St.Thomas Mount Police Station, Chennai.

Crime No.252 of 2022 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to defreeze the savings bank account of the petitioner bearing SB account No.3613101006016, Canara bank, Lourdhunatha Complex, St.Judes Chur, Chinnathurai, Thoothoor, Chinnathurai, Kanyakumari District-629172.

For Petitioner : Mr.L.Umma Kulsum For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed to defreeze the savings bank account of the petitioner herein, who is arrayed as 1st accused in a case registered under NDPS Act.

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2. The learned Government Advocate (Crl.Side) appearing for the State submits that final report already filed and this bank account is suspected to be used to finance to procure the contraband.

3. Since the final report is already filed, the prayer in the Criminal Original Petition to defreeze the account cannot be entertained by this Court at present and it is open for the petitioner herein to approach the trial Court for the said relief and the trial Court after considering the material placed by the prosecution shall take a decision whether the money in the account seized is part of crime proceeds or not and pass appropriate orders.

4. With the above direction, this Criminal Original Petition is disposed of.

06.10.2023 Index : Yes/No rpl 2/4

To 1.The Inspector of Police, St.Thomas Mount Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

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Dr.

G.JAYACHANDRAN ,J.

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