Bombay High Court

VADIVEL PversusSTATE OF GOA THROUGH PUBLIC PROSECUTOR AND 2 ORS

Disposal: Disposed of

Holding

The order directing the freezing of the petitioner's savings account as a consequence of surety forfeiture is not sustainable in law and must be set aside.

Summary

The petitioner, Vadivel P, had stood as surety for an accused in a Special Criminal NDPS case. When the accused failed to appear, the petitioner was served notice and the surety amount of Rs.50,000 was forfeited, leading the trial court to direct the bank to freeze the petitioner's savings account. The petitioner filed a writ petition seeking quash of the orders and de‑freezing of the account. The High Court examined whether the freezing of a surety's bank account is legally permissible. Finding that such an order cannot be sustained, the Court set aside the trial court's orders and directed the bank to de‑freeze the account. Consequently, the writ petition was allowed and the matter disposed.

Issues considered

Whether the order directing the freezing of a surety's bank account for forfeiture of surety amount is legally valid.
Whether the trial court's orders dated 30/01/2025 and 05/01/2026 can be quashed by a writ of certiorari.

Subjects

surety
NDPS Act
forfeiture
bank account freeze
writ of certiorari
mandamus
criminal procedure

Judgment

                                  6 WPCR 396 2026

     Andreza

           IN THE HIGH COURT OF BOMBAY AT GOA
               CRIMINAL WRIT PETITION NO.396 OF 2026

VADIVEL P                                                    ... PETITIONER
  Versus
STATE OF GOA THROUGH PUBLIC
PROSECUTOR AND 2 ORS                                         ... RESPONDENTS


Mr. Prasad Kholkar, Advocate for Petitioner.
Mr. Pravin Faldessai, Additional Public Prosecutor for
Respondent Nos.1 and 2/State.
M. Priyanka Kamat, Advocate ...


                      CORAM:- S. G. CHAPALGAONKAR, J.
                      DATED :- 9th October, 2026

P.C.


1.      The Petition is filed with following prayers :


          (a) Issue a Writ of Certiorari or any other appropriate Writ,
Order or Direction thereby quashing and setting aside the Order
dated 30/01/2025 and Order dated 05/01/2026 passed by the
Learned        Additional Sessions Judge, Merces-Goa in Special
Criminal Case (NDPS) No. 01/2021;


         (b) Issue a Writ of Mandamus or any other appropriate Writ,
Order or Direction directing Respondent No.3 Bank to immediately
de-freeze       the   Savings     Bank             Account   bearing   No.

                                     Page 1 of 2
                                   9th October, 2026
                                                               6 WPCR 396 2026


                        520291015884282 standing in the name of the Petitioner;


                        2.         The Petitioner stood surety for accused in Special Criminal
                        Case (NDPS) No. 01/2021. Since accused failed to appear before
                        Special Court, Petitioner was served with notice being surety. On
                        failure of Petitioner to bring accused before the Court, surety is
                        forfeited, and further directions are given to Respondent no. 3-bank
                        to freeze savings account of Petitioner.


                        3.                Indisputably, the Court received a demand draft of
                        Rs.50,000/- and same has been forfeited as surety amount.


                        4.               In this background, this Court finds that order directing
                        freezing of Petitioner's savings account cannot be sustained in law.


                        5.              In result, Writ Petition succeeds and allowed in terms of
                        prayer clause (a). The Respondent no. 3-bank shall de-freeze the
                        Petitioner's savings account bearing no. 520291015884282.


                        6.       Writ Petition stands disposed of in aforesaid terms.



                                                                      S. G. CHAPALGAONKAR, J.




Signed by: ANDREZA PEREIRA
Designation: Senior Private Secretary
                                                                  Page 2 of 2
to the Hon'ble Judge
Date: 09/10/2026 17:58:03                                       9th October, 2026

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