1 APHC010561262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29165/2025 Between: RAVI SAI MASTAN RAO @ RAVI BHAVAJI MASTHAN RAO, S/O RAM MOHAN RAO, AGED ABOUT 35 YEARS, R/O D.NO.25-2-57, NAGARAMPALEM, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, HYDERABAD. 2. THE STATION HOUSE OFFICER, SPECIAL ENFORCEMENT BUREAU, VIJAYAWADA (WEST), NTR DISTRICT. 3. THE AXIS BANK, REP. BY ITS CHIEF MANAGER, OFFICE AT 3RD FLOOR, OPP. SAMARTHESWAR TEMPLE, NEAR LAW GARDEN, ELLISBRIDGE, AHMEDABAD - 380006. 4. THE AXIS BANK, REP. BY ITS CHIEF MANAGER, OFFICE AT D.NO.9-11- 186, GROUND FLOOR, TS NO.143, WARD NO.5, BLOCK NO.4, KOTHAPET, FACTORY ROAD, GUNTUR. 5. THE AXIS BANK, REP. BY ITS BRANCH MANAGER, OFFICE AT D.NO.9- 11-186, GROUND FLOOR, TS NO.143, WARD NO.5, BLOCK NO.4, KOTHAPET, FACTORY ROAD, GUNTUR. ...RESPONDENT(S): Counsel for the Petitioner: 1. AVANIJA INUGANTI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... Writ of Mandamus to declare the action of Respondents in freezing Petitioner's bank account vide bearing No.915010023551228 and IFSC code bearing NO.UTIB0003078 - Axis Bank Ltd, at Kothapet Branch, 2 Guntur on 05.06.2024, as per se illegal, manifestly arbitrary, dehors jurisdiction and opposed to the very spirit and nature of Articles 14, 19(1)(g) and 21 of the Constitution of India besides being opposed to the BNSS Act and RBI guidelines and violative of Principles of Natural Justice and to consequently direct the Respondents to enable the Petitioner to operate the said bank account by de freezing the same.” 2. Heard Ms.Avanija Inuganti, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the Petitioner would submit that the Petitioner herein is Accused No.5 in S.C.No.89 of 2025 on the file of the Court of II Additional District & Sessions Judge, Vijayawada for the offences under Sections 8(c) read with 22(c), 27A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. Learned counsel would further submit that, without obtaining any permission from the Court, the Investigating Officer addressed a letter to Respondent No.5 – Bank to freeze the bank account bearing No.915010023551228, Axis Bank, Kothapet Branch, Guntur, of the Petitioner. It is further submitted that, only to prove that the Petitioner has withdrawn an amount of Rs.30,000/- from his own bank account for purchasing the contraband, the account of the Petitioner has been freezed. It is further submitted that there is no reason for freezing the account and this is not relating to the crime proceeds. Learned counsel would further submit that the bank account admittedly stands in the name of the Petitioner. Hence, prayed to direct Respondents – Bank to defreeze the account. 4. Learned Assistant Government Pleader would submit that the investigation in the subject crime has been completed, charge sheet is also filed and numbered as S.C.No.89 of 2025 on the file of the Court of II 3 Additional District & Sessions Judge, Vijayawada. It is further submitted that, in the charge sheet, they have enclosed the letter addressed to the Bank for defreezing the account of the Petitioner. The amount lying in the account is not relating to the crime proceeds, however, Petitioner / Accused No.5 has withdrawn the said amount for purchasing the contraband. 5. Learned counsel for the Petitioner, in reply, would submit that the subject account is in the name of the Company, wherein, the Petitioner is a Director. 6. Considering the submissions made, since the subject bank account stands in the name of the Company, to enable the Petitioner to deal with the day-to-day business transactions of the Company, in the interest of justice, the Writ Petition is allowed directing Respondents – Bank to defreeze the bank account bearing No.915010023551228, Axis Bank, Kothapet Branch, Guntur of the Petitioner. However, it is clarified that if there are any other independent freeze orders received by Respondents – Bank unrelating to this incident, they will be at liberty to continue the freeze for such amounts also. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________________ Dr.JUSTICEVENKATA JYOTHIRMAI PRATAPA Date:31.10.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29165 of 2025 Dt.31.10.2025 Dinesh