16 The applicability from the provision was held to generally be broad sufficient to deal with offences created beneath any statute. having said that, a pertinent query arises regardless of whether even the officers performing underneath the PMLA can seize residence or freeze bank accounts by way of segment 102 of the CrPC?

further more, to invoke segment 102 with the CrPC, specially to freeze a bank account, there has to be a reasonable suspicion in the involvement of your bank account Along with the commission of a criminal offense. It'll be upon the investigating authority to fulfill that there exists sufficient content to indicate that the amount during the bank account is linked with the alleged offence.

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it absolutely was submitted because of the ED which the directions for freezing from the involved accounts were being issued to “halt the layering/diversion and safeguarding the proceeds of criminal offense.” However, it was also submitted which the same was not issued in accordance with segment seventeen(1) on the Act, which empowers the enforcement authority to order research and seizure of assets or records, presented the exact same is done on the basis of presence of cogent “explanations to feel.”

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writ jurisdiction of this court docket can't be stated to be barred in a very case exactly where a glaring illegality fully commited with the seizing Officer is alleged and sought to get substantiated despite Section 457 from the Cr.P.C. offering an alternate remedy in this kind of circumstance.

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’ referred in portion 102 of the CrPC will only protect moveable home and excludes immovable assets. the usage of the conditions for example ‘seize’ and ‘create’ as included in the provision indicate that the phrase ‘any assets’ as employed below part 102 from the CrPC will use only to moveable residence.