The court held that police cannot attach a bank account under Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, without prior magistrate approval. In a case involving Headstar Global Pvt. Ltd., whose funds were frozen by the Kalamassery Police over alleged links to a cheating case involving another company, the High Court, presided by Justice V.G. Arun, clarified:

In a case involving Headstar Global Pvt. Ltd., whose funds were frozen by the Kalamassery Police over alleged links to a cheating case involving another company, the High Court, presided by Justice V.G. Arun, clarified:

However, Section 107 BNSS allows only a Magistrate, not the police, to attach proceeds of crime after proper procedure, including notice, hearing, and, if required, interim ex parte orders

Since there was no allegation that Headstar had committed a crime, the court ruled the police freeze invalid. The bank lift freeze, but the court clarified the police can apply to a Magistrate if they wish to attach the funds judicially.

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