Booking conl B.Y-.Herengracht 597 v. The Assistant commissioner of Police

..RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction particularly one in the nature of Writ of Mandamgs declaring the impugned notice dated 6 August 2018 issued by the Respondent No. 1 as illegal, arbitrary, and unconstitutional and setting aside the impugned notice and further restrain the Respondent No.1. from interfering with the conduct of the business of the Petitioner in any manner. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Gourt may be pleased to suspend the operation of the impugned notice issued by Respondent No.1 pending disposal of the present writ petition. Gounselfor the Petitioner: SRI S.RAVI, Sr. COUNSEL, REp. M/s. R.S.ASSOCIATES Counsel for the Respondents: SRI D.PRADEEP, AGp FOR HOME The Court made the following: ORDER rr") IN THE H:IGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.29215 OF 2O1g DATE =24.1.2.2025 Between: Booking.corn B.V AND ...Petitioner The Assisternt Commissioner of police & 1 another ORDER ...Respondents This \Mrit Petition is filed with the following relief: "...Issue a writ, order or direction particularly one in the naturr: of writ of Mandamus declaring the impugned notice dated 6 August 2018 issued by the Respondent No. :- as illegal, arbitrary, and unconstitutionar and setting aside the impugned notice and further restrain the Rr:spondent No.1 from interfering with the conduct of the brrsiness of the petitioner in any manner and passing such order or other orders as this Honble court deems fi1 and proper in the circumstances of the case. ......,,

2. Hearrl Sri s.Ravi, rearned Senior counset appearing for the petit,oner and Mr. D.pradeep, rearned Assistant Government pleader for Home , appearing for respondents. I I i ;i I I 2

3.1. Learned counsel for the petitioner submitted that the petitioner operates an online platform facilitating hotel bookings, whereby the payments are remitted to the petitioner by the hoteliers. The respondent Police, however, initiated proceedings based on an incident wherein a customer allegedly booked a hotel room using a debit card that was later discovered to be a countedeit or cloned card. It is pertinent to note that the petitioner has not been arrayed as an accused in the said crimina! proceedings. Nevertheless, during the course of investigation, the police authorities seized the petitioner's bank account under Section L02 of the Code of Criminal Procedure, t973 (Cr.P.C.), prompting the present writ petition seeking appropriate directions for the release of the said account.

3.2. However, by an interim order dated L7.08.2Ot8, this Court, considering the quantum of the amount involved and in the interest of justice, directed the petitioner to maintain a balance of Rs.10,00,000/- in the seized account pending further investigation. It is, however, submitted that the investigation has since culminated in the filing of the charge sheet, and the petitioner's involvement has not been referred --_!o or established therein. The continued operation ofJbe 3 interim condition, therefore, has become unduly burdensome and prejudicial to the petitioner's business interests. Learned counsel for the petitioner accordingly prayed that the interim direction be vacated, and the bank account be released unconditionally.

4. Conversely, the learned Assistant Government Pleader for Home subrnitted that the investigation has been completed and fairly conceded, upon instructions from the investigating officer, that no material has sudaced implicating the petitioner in the commission of the alleged offence. It was further submitted that retention of the amount in the petitioner's account is; no longer required for the purpose of trial, and henee, appropriate orders may be passed by this Court.

5. Having considered the submissions and perused the entire record, this Court notes that the seizure of the petitioner's bank account was initially justified on the premise that the fraudulenl: transaction occurred through the petitioner's online platform. However, the investigation now reveals that the petitioner neither participated in nor derived any benefit from the impu,Sned transaction. The petitioner's role has not been establisherd, and the account does not constitute propefty . \uspecte'd to have been stolen or which may be found ffider 4 circumstances which create suspicion of the commission of any '-, offence" within the meaning of Section 102(1) Cr.P.C.

6. The Hon'ble Supreme Court has consistently held that police powers under Section 102 Cr.P.C. must be exercised with circumspection and only when there exists a demonstrable nexus between the property seized and the alleged offence (see. Teesta Atul Setalvad v. State of Gujaraf, (2018) 2 SCC 372). Where such nexus is absent, continued seizure or restriction upon the operation of a bank account amounts to an arbitrary deprivation of property, offending Article 3O0A of the Constitution of India.

7. In view of the fact that (i) the investigation has been concluded, (ii) the petitioner has not been named as an accused, and (iii) the seized funds are not traceable to the alleged fraudulent transaction, this Court is of the considered opinion that the continuance of the interim direction serves no prosecutorial purpose. Accordingly, the seizure of the petitioner's bank account under Section 102 Cr.P.C. stands set aside and consequentty the interim order dated 17.08.2018 directing the petitioner to maintain a balance of Rs.10,00,000/- ._ in its bank account is hereby vacated. _-tx..._ \ g,g 5

8. With the above direction, this writ petition is allowed. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPYII SD/- A.H.S. GOWRI SHANKA ASS ANT REG To, 1 fh" Ass;istant Commissioner of police, Cvber "r"rd Cybe ra b;rd Po I ice Co m m ission e rate, O i iin i Uo*if e TION OFFICER Police Station, 2 The Princ;ipal Secreta State of 1'elangana. ry, Department of Home Affairs, Secretariat, Hyderabad,

3. One CC to M/s. R.S.ASSOC|ATES, Advocate tOpUCI Two cc:; to GP FoR HOME, High court for the State of rerangana at Hyderaberd [OUT] Two CD ()opies 4

5. BSR LSK HIGH COL'RT DATED: 2,411212025 ORDER WP.No.29t215 of 2018 't HEit4 ;ti' 3 zt JAN 2026 t Jt n\TC, ,;ir) ALLOWIhIG THE WRIT PETITION, WITHOU COSTS : i I I .oRl"b * %\{*