Police has no power to seize assets, says SC
25/09/2019, LEGAL CORRESPONDENT,NEW DELHI
The Supreme Court on Tuesday made clear that a police officer is not empowered to seize immovable property under Section 102 of the Code of Criminal Procedure.
Section 102 deals with the power of an investigating officer to seize any property suspected to be part of a crime.
The question of law regarded by a three-judge Bench of Chief Justice Ranjan Gogoi, Justices Deepak Gupta and Sanjeev Khanna was whether landed property comes within the ambit of ‘property’ mentioned in the legal provision.
“Given the nature of criminal litigation, seizure of an immovable property by the police officer in the form of an attachment and dispossession would not facilitate investigation to collect evidence to be produced during inquiry and trial,” Justice Khanna observed.
Justice Gupta said seizure of land by a police officer during a probe would lead to an “absolutely chaotic situation”.
25/09/2019, LEGAL CORRESPONDENT,NEW DELHI
The Supreme Court on Tuesday made clear that a police officer is not empowered to seize immovable property under Section 102 of the Code of Criminal Procedure.
Section 102 deals with the power of an investigating officer to seize any property suspected to be part of a crime.
The question of law regarded by a three-judge Bench of Chief Justice Ranjan Gogoi, Justices Deepak Gupta and Sanjeev Khanna was whether landed property comes within the ambit of ‘property’ mentioned in the legal provision.
“Given the nature of criminal litigation, seizure of an immovable property by the police officer in the form of an attachment and dispossession would not facilitate investigation to collect evidence to be produced during inquiry and trial,” Justice Khanna observed.
Justice Gupta said seizure of land by a police officer during a probe would lead to an “absolutely chaotic situation”.
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