A Mapusa court has issued a clear directive to a bank manager in New Delhi. The court ordered the immediate defreezing of current accounts belonging to four business entities. These entities include two private limited companies, one partnership firm, and one private limited liability partnership.
Court Finds Investigating Officer Overstepped Authority
The accounts were originally frozen in connection with a tragic fire incident. The fire occurred at Birch by Romeo Lane in Arpora. This devastating event resulted in the loss of twenty-five lives. However, the court found serious issues with the investigation's actions.
Mapusa JMFC Jude Sequeira delivered the ruling. The court held that the investigating officer clearly exceeded his jurisdiction. The officer acted beyond his legal powers when freezing these accounts.
Legal Basis Questioned by the Court
The court carefully examined the investigating officer's justification. The officer's official reply failed to mention which specific legal provision was invoked. Upon review, the court noted reliance on Section 106 of the BNSS.
This section has very specific application criteria. It can only be invoked under two circumstances. First, when property is alleged or suspected to be stolen. Second, when property is found under circumstances that create suspicion of an offence.
The court stated neither circumstance applied to this case. These conditions were not available and could not be made applicable here. Therefore, the investigating officer's actions were deemed improper from the start.
Four Companies Sought Relief Through Applications
Four separate applications were filed seeking account defreezing. The companies involved are Virtue Foods and Beverages Private Limited, Being RL Hospitality LLP, Being FS Pacific Hospitality Private Limited, and Food Studio.
Partner Siddharth Dhamija represented these entities in court. Advocate Parag Rao provided further details about the situation. The entities first received a notification on December 12th informing them their accounts were frozen.
Critically, no written communication ever disclosed the reasons for this action. The companies were left in the dark about why their banking operations were suddenly halted.
Companies Deny Any Connection to Fire Incident
The applications presented a strong case for the companies' innocence. They stated clearly that these entities had no connection whatsoever to Birch by Romeo Lane in Arpora. They had no involvement in the tragic fire incident that occurred there.
Furthermore, the companies held no stake in the business operations at Birch. They received no revenue from this establishment. They maintained no contractual relationship with Birch or its owners.
The court noted these facts in its observations. Without even examining the merits of the application itself, the court determined the investigating officer had clearly overstepped. The freeze was implemented without proper legal foundation.
This ruling brings immediate financial relief to the affected companies. Their banking operations can now resume normal activity. The court's decision emphasizes the importance of proper legal procedure in criminal investigations.
