Ambalal Suthar vs. The State Of Telangana

Facts

The petitioner, Ambalal Suthar, filed a writ petition challenging the freezing of his bank account (Account No. 920020007640707 with Axis Bank, Suchitra Branch, Hyderabad) by Respondent No. 2, the Sub-Inspector of Police, Shamshabad. The freezing was done in connection with Crime No. 437 of 2024, registered under the Narcotic Drugs and Psychotropic Substances Act, 1985, for alleged illegal possession and consumption of 618 grams of heroin/morphine. The petitioner was arrested on 29.06.2024 and remanded. The police submitted that the petitioner confessed to purchasing the drug and making payments through his bank accounts, necessitating the freezing for investigation. The petitioner claims he is falsely implicated and was granted bail by observing he is a consumer, not a peddler.

Held

The High Court, while acknowledging the petitioner's plea and the fact that he was granted bail with an observation that he is a consumer and not a drug peddler, declined to entertain the writ petition directly. The Court noted that the petitioner is Accused No. 1 in the NDPS case and his bank account was frozen by the Investigating Officer as part of the investigation process. Consequently, the Court disposed of the writ petition by granting liberty to the petitioner to file an application before the learned Magistrate for defreezing his bank account. The Court directed the learned Magistrate to pass orders on such an application within ten days of its filing, in accordance with the law. No costs were awarded.

Key Issues

1. Whether the freezing of the petitioner's bank account by the Investigating Officer is justified and proper in the context of the ongoing investigation under the NDPS Act, considering the petitioner's alleged involvement in the purchase of narcotic drugs. Petitioner's Contention: The petitioner argues that he has been falsely implicated in the NDPS crime and that the observation made during his bail application, stating he is only a consumer and not a drug peddler, should be considered. He seeks to have his bank account unfrozen to resume essential transactions. Revenue's (State's) Contention: The State, through the Assistant Government Pleader, contends that the petitioner is Accused No. 1 in a case involving the seizure of a significant quantity of narcotic drugs. Based on the confession-cum-seizure panchanama, it was revealed that the petitioner made payments for the drug through his bank accounts. Therefore, it was essential for the Investigating Officer to freeze these accounts for the purpose of investigation. The investigation is ongoing, and a report will be filed upon finalization.