VIGILANCE MANUAL VOLUME III - AP Online

612 DECISION - 292
scale on the Bank and the amounts collected through the commission
of the offence were deposited in different accounts standing in the
name of the accused and his family members. It was urged on behalf
of the Bank that since these amounts were really obtained through
the commission of a crime, the Investigating Officer had to seize the
same as they were required not only as evidence of the commission
of the crime, but also for enabling the trial court to pass consequential
orders regarding them at the conclusion of the trial. The Investigating
Officer therefore wrote to the bank not to permit the holders of the
above accounts to operate on them, since that was the only mode in
which such bank balances could be seized and preserved for trial.
On the question whether money in a Bank account is
‘property’ which a police officer could seize during investigation under
section 102 Cr.P.C., the High Court of Madras held that a bank balance
which is a chose in action is nevertheless ‘property’ with reference to
which ‘offences against property’ found in chapter XVII of the Penal
Code could be committed and that it is property for the purpose of
section 102 Cr.P.C.
On the next question whether such a bank balance is capable
of being seized by the Investigating Officer, the High Court observed
that the only act of ownership which the customer of the bank
exercises over his bank balance, is operating the account, either by
making deposits or by withdrawing the same, in any mode made
available to him by the bank. When corporeal tangible property is
seized, by taking physical possession and producing it in court, the
seizure is intended to have the effect of preventing the person from
whom it is seized from exercising any acts of ownership or possession
over that property. The property, therefore, is physically removed
from his possession and is produced before the Court. The court
takes possession of the property and has thus prevented the person
from exercising acts of ownership or possession over them. The
only way, in which such an effect can be brought about regarding
bank balance is to issue a prohibitory order restraining the customer