IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Crl.MC.No. 2687 of 2009() ------------------------- AGAINST THE ORDER DATED 04/03/2009 IN CMP.4452/2008 IN CC.25/2008 of Judicial First Class Magistrate (MARAD CASES), KOZHIKODE .................... PETITIONER(S): --------------- K.A.CHANDRAN, S/O.AYYAPPAN, SHANTHI NAGAR COLONY, WEST HILL, NOW RESIDING AS REMAND PRISONER NO.8519, DISTRICT JAIL, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, KOZHIKODE, KOZHIKODE DISTRICT. 2. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION. * 3. THE MANAGER, NORTH MALABAR GRAMIN BANK, WEST HILL BRANCH, KOZHIKODE DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * R3 DELETED FROM PARTY ARRAY AND IMPLEADED THE MANAGER, THE CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD., WEST HILL BRANCH AS THIRD RESPONDENT AS PER ORDER IN CRL.M.A.5746/09 DT.16/10/09 R1, R2 & R4 BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2687 OF 2009 ------------------------------------------ Dated 16th October 2009 O R D E R Petitioner is the under trial prisoner in crime No.567/2004 for the offence under Section 21 of N.D.P.S Act now pending before the Sessions court, Kozhikode (Special court for N.D.P.S cases), Vatakara. Under Annexure-A2 order petitioner was informed that his account with third respondent Bank was freezed pursuant to the communication received from City Police Commissioner dated 23/12/2004. (No.D1- 77582/2004) and though as per Annexure-A1 order in C.M.P.4452/2008 passed by the Judicial First Class Magistrate(Marad cases), Kozhikode it is clarified that the petitioner is entitled to withdraw the amount, he is not permitted to operate the account. This petition is filed under Section 482 of Code of Criminal Procedure to call for a copy of order dated 23/12/2004 referred to in Annexure-A2 communication and to quash the same and also to permit the petitioner to operate his bank account maintained with third respondent bank. CRMC 2687/09 2 2. The communication issued by the Commissioner of Police to the Director, Narcotic Enforcement Bureau, Thiruvananthapuram dated 22/12/2004 (No.D1-77582/04) only shows that the Director of Narcotic Enforcement Bureau was addressed by the Commissioner of Police to freeze the bank account of the petitioner as well as one Kamarunnissa, his wife. There is no case that pursuant to the said communication, any order freezing the account as provided under Section 102 of Code of Criminal Procedure by the provisions of N.D.P.S Act was passed by the investigating officer of the Narcotic Enforcement Bureau, Thiruvananthapuram. In such circumstances, I find no reason, why the third respondent will not permit the petitioner to operate the bank account. So long as there is no order under Section 102 of Code of Criminal Procedure freezing the account or under any of the provisions of the N.D.P.S Act, operation of the account of the petitioner is prohibited, he is entitled to operate the account. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.