Page No.# 1/6 GAHC010101572024 2025:GAU-AS:10309 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2692/2024 SUKPAL SINGH KHIPAL S/O- SHER SINGH, RESIDENT OF HOUSE NO. 93 A, DUPLEX STREET, KSB 1 HOMES, KHARAR, P.O.- KHARAR, DIST.- SAS NAGAR (MOHALI), PUNJAB, PIN-140301. VERSUS THE STATE OF ASSAM AND 6 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOME, DISPUR, GHY-6. 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI-7. 3:THE COMMISSIONER OF POLICE PANBAZAR GUWAHATI ASSAM PIN- 781001. 4:THE OFFICER-IN-CHARGE CRIME BRANCH POLICE STATION PANBAZAR GUWAHATI ASSAM PIN- 781001. 5:THE INVESTIGATION OFFICER OF THE CASE C/O- OFFICER-IN-CHARGE CRIME BRANCH POLICE STATION PANBAZAR GUWAHATI ASSAM PIN- 781001. 6:THE BRANCH MANAGER A.U. SMALL FINANCE BANK GUWAHATI BRANCH GROUND FLOOR NBS TOWER LACHIT NAGAR GUWAHATI- 781007. 7:THE BRANCH MANAGER A.U SMALL FINANCE BANK PHASE VII MOHALI BRACH SCF 20 PHASE NO. VII SAS NAGAR MOHALI- 160059 PUNJAB INDIA Advocate for the Petitioner : MR. M A I HUSSAIN, N ISLAM,MR. S H ZAMAN Advocate for the Respondent : GA, ASSAM, MS. S YASMIN(R-6,7),MR. M SHARMA(R-6,7) Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 07.08.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Government Advocate, Assam, appearing on behalf of respondents No. 1 to 5. 2. The petitioner, herein, by way of instituting the present proceeding, has prayed for interference by this Court with a communication, dated 02-03-2024, issued by the I.O., Crime Branch Police Station Case No. 05/2024, to the Branch Manager, A. U. Small Finance Bank, Phase-VII, Mohali Branch, with a request to freeze the debit and credit facilities of the Bank Accounts metioned, therein, including the account operated by the firm of the petitioner i.e. Rudra Infrastructure. 3. The pleadings brought on record, in the matter, after issuance of the notice by this Court to the respondents, herein, reveals that the impugned communication was required to be issued in view of the materials coming on record in pursuance of the investigation conducted in Crime Branch Police Station Case No. 05/2024. 4. It is seen that an amount of Rs. 10,40,00,000/-(Rupees ten crores and forty lakhs) only, was fradulently taken from the informant in the said criminal case in the name of issuance to him, orders for lifting of edible food items and animal fodder from the Food Corporation of India. Page No.# 3/6 5. The informant had, therein, submitted that the said amount so remitted by him to the accused persons, therein, was so deposited in an account, which was so opened in the name of the General Manager, Food Corporation of India, Patna, Bihar. During the course of the investigation, it had come to light that from the account opened in the name of the General Manager, Food Corporation of India, and wherein, the informant had deposited money; transfers were made, therefrom, of varying amounts to various accounts at various places all over the country. 6. One of the accounts, to which the amount, therefrom, was transferred, was of the account operated by the petitioner’s Firm i.e. Rudra Infrastructure, with the A. U. Small Finance Bank, Phase-VII, Mohali Branch. The amount so transferred to the petitioner’s account, from the proceeds which have now denoted as being the proceeds of crime, amounts to Rs. 20,00,000/-(Rupees twenty lakhs). 7. The petitioner, herein, has instituted the present proceeding, in-as-much as, he has now been restrained from operating the said account which he contends, to be operated in connection with the businsess operations of his said Firm. The said account not being permitted to be operated, the petitioner has contended that his business has suffered from the same. 8. It is also projected by the petitioner that in addition to Rs. 20,00,000/- (Rupees twenty lakhs), which was credited to his account from the account created in the name of the General Manager, Food Corporation of India, and indicated hereinabove; there are further amounts which has been deposited by him from the proceeds received on account of his bona fide business transactions. 9. This Court, on the last date of listing, required the learned Government Page No.# 4/6 Advocate, Assam, to receive instructions as to the stage of the investigation and as to what time, would be so required to comply with the same. 10. Today, Mr. Goswami, learned Government Advocate, Assam, appearing on behalf of respondents No. 1 to 5, has furnished a copy of the instructions received by him from the Senior Superintendent of Police, Cachar, Silchar. 11. In the said instructions, it has been highlighted that the petitioner is a receipeint of an amount of Rs. 20,00,000/-(Rupees twenty lakhs) from the account under investigation in Crime Branch Police Station Case No. 05/2024. It is further highlighted that the trail of the transactions and the persons involved in the transactions, are under investigation. However, the investigation could not progess as desired, due to inability to trace the persons involved as per the addresses mentioned in the KYC documents which were provided by the Bank authorities. 12. The Senior Superintendent of Police, Cachar, Silchar, in the said instructions, has further stated that the petitioner may be allowed to operate the Bank account, in question. However, the amount of Rs. 20,00,000/-(Rupees twenty lakhs), deposited therein, which is the proceeds of crime and under investigation; be not permitted to be utilized by the petitioner, herein. 13. In view of the said disclosure made by the Senior Superintendent of Police, Cachar, Silchar, in the instructions, dated 06-08-2025, furnished by Mr. Goswami, learned Government Advocate, Assam; this Court is of the considered view that the present writ petition be not detained any further for consideration and accordingly, the same is hereby disposed of with the following directions: Page No.# 5/6 (i). The petitioner, herein, is permitted to operate his Bank Account bearing No. 2302238452549702, opened with the A. U. Small Finance Bank, Phase- VII, Mohali Branch. However, the authorities of A. U. Small Finance Bank, Phase-VII, Mohali Branch, shall ensure that the petitioner, in no way, utilizes the amount of Rs. 20,00,000/-(Rupees twenty lakhs) deposited in his account, in other words, till further clearance is received from the investigation agency; an amount of Rs. 20,00,000/-(Rupees twenty lakhs) shall always remain in the Bank account of the petitioner. (ii). The petitioner, herein, while being permitted to operate his said Bank account, is also cautioned from bringing the balance in the said account, to below Rs. 20,00,000/-(Rupees twenty lakhs) at any point of time. (iii). In the event, the petitioner, herein, during the operation of the account, reduces his balance, therein, to below Rs. 20,00,000/-(Rupees twenty lakhs); the authorities of A. U. Small Finance Bank, Phase-VII, Mohali Branch, shall immediately freeze further operation of the said account and the liberty granted to the petitioner vide this order, will not further operate under such circumstances. (iv). The Branch Head of A. U. Small Finance Bank, Phase-VII, Mohali Branch, shall, every month, transmit to the I.O. of Crime Branch Police Station Case No. 05/2024; the monthly statements of the transactions carried-out by the Firm of the petitioner, herein, in the said account bearing No. 2302238452549702. 14. With the above directions and observations, this writ petition accordingly stands disposed of. Page No.# 6/6 15. A copy of the instructions, dated 06-08-2025, produced by Mr. Goswami, learned Government Advocate, Assam, is kept as a part of the record and marked as ‘X’ for the purpose of identification. JUDGE Comparing Assistant