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Supreme Court of India 2018-07-31 disposed

Adarsh Cooperative Housing Society Ltd vs Central Bureau of Investigation

Bench: 2 — Kurian

In Brief

Adarsh Cooperative Housing Society sought to withdraw frozen bank amounts by offering their land as security. The CBI Special Judge rejected this, reasoning that the disputed housing complex stands on the land and it is subject matter of the case. The Supreme Court set aside this order, directing the Special Judge to accept the land as security and release the amounts. The Court held that procedural questions about security cannot be resolved merely by reference to the fact that property is connected to the case; access to justice and the adequacy of security must be weighed. All substantive contentions remain open.

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Criminal Procedure Bail and Security Freezing of Assets Access to Justice

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