Court Sets Aside Attachment of Puja Hari's Properties, Citing Violations of Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant judgment, the Calcutta High Court has quashed the property attachment order against Puja Hari, wife of accused Bikash Hari, citing procedural lapses under the Bharatiya Nagarik Suraksha Sanhita, 2023. The court highlighted the mandatory procedural safeguards that were violated by the lower court's order.
The case originated from a complaint lodged by Manoj Agarwal of Utkarsh India Limited, alleging fraudulent activities by Shree Shyam Road Safety, leading to the involvement of Bikash Hari and others. As the investigation progressed, the police sought to attach properties under Section 107 of the BNSS, 2023. However, the High Court found that the procedural requirements, including serving notice to Puja Hari, were not followed, thereby violating her constitutional rights.
Justice Dr. Ajoy Kumar Mukherjee emphasized that the attachment order breached the procedural safeguards outlined in Section 107, which mandates notice and an opportunity to be heard before property attachment. The judgment underscores the importance of adhering to procedural fairness and the risk of constitutional violations if ignored.
The court's decision not only sets aside the attachment order but also allows for fresh proceedings, ensuring compliance with the statutory provisions. The judgment serves as a reminder of the judiciary's role in safeguarding individual rights against arbitrary state actions.
Bottom line:-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 107 - Attachment of property - Procedural safeguards - Mandatory service of notice to property owner before attachment - Violation of procedural safeguards renders attachment order vulnerable under constitutional provisions.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 107
Puja Hari v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2928961
