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TMI Blog2019 (4) TMI 1714X X X X Extracts X X X X X X X X Extracts X X X X ..... JJ. Present: Mr. Akhil Krishan Maggu Mr. Rishab Nagar, Advocates for the Petitioners. Mr. Harpreet Singh, Sr. Std. Counsel with Ms. Suhani Mathur, Advocate for the Respondents. S. RAVINDRA BHAT, J. (OPEN COURT) 1. Issue notice. Mr. Harpreet Singh, Senior Standing Counsel accepts notice. 2. The petitioner states that his bank accounts have been frozen [ICICI Bank Account No. 25005500904 IndusInd Bank Account No.201002412697]. 3. The facts are that the respondent/Customs Authorities issued notices on 06.02.2019, to enquire into allegations of bogus addresses for the purposes of claiming IGST refunds. The petitioner relies upon the judgment of this Court in S.B. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set may be seized or attached provided the same is permissible in law. However, if the bank account is an overdraft account, the same would represent a liability owed by the account holder and, therefore, question of seizing the same or attaching the same would not arise. 39. Freezing a bank account is not the same as seizing an asset; it interdicts operation of a bank account and it deprives the account holder of banking facilities. Indisputably, there is no sanction in the Customs Act for such action. 40. In Shakuntala Singh v. Addl. DRI, Kolkata Zonal Unit (supra), the Calcutta High Court considered a case where the DRI had directed the bank with which the petitioner was maintaining its account not to permit any d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. As we find no provision nor any authority under which the bank account can be freezed pending investigation we are left with no option but to quash the order dated 16th January, 2004 (Annexure 17 to the writ petition) and direct the Respondent No.1 to forthwith release Current Account Nos. 28430 and DRCs Account Nos. 7538 to 7541 with the Union Bank of India, Banda Branch, Banda. As the action of the respondent in freezing the bank accounts have been set aside the petitioner shall be entitled to operate them. 42. In Mineral Metal Centre (supra), the Calcutta High Court following its earlier decision in Shakuntla Singh (supra) and the decision of the Allahabad High Court in Raghuram Grah Private Limited (supra) held that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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