Police can’t attach immovable properties pending criminal cases: Supreme Court

Ranjan Gogoi

The top court interpreted Section 102 of the CrPC, which gives the power to police for the seizure of any property during the criminal investigation of any case

The Hush Post| 1:29 pm|one-minute-read|

A Supreme Court bench of Chief Justice Ranjan Gogoi and justices Deepak Gupta and Sanjiv Khanna held that the police cannot attach immovable properties during the investigation of a criminal case.

The bench held that Section 102 of CrPC does not include the power of police to seize and attach immovable properties.

Justice Khanna while reading the judgment on behalf of the bench, said it is a concurring judgment but Justice Gupta has given some additional reasons. The top court interpreted Section 102 of the Criminal Procedure Code, which gives power to police for the seizure of any property during the criminal investigation of any case.

The Bombay High Court, in its majority verdict, held that police has no power to seize property during the course of the investigation. The Maharashtra government had challenged the said verdict of the high court before the Supreme Court.

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