Police can`t seize immovable property related to offence: HC
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Last Updated: Tuesday, November 30, 2010, 00:50
Mumbai: In a significant ruling, a full bench of Bombay High Court on Monday held that police do not have powers to seize immovable property on the suspicion that it is related to commission of offence.

Only movable property can be seized under section 102 of criminal procedure code, was the majority view of the bench of Justices B H Marlapalle, Roshan Dalvi, and R C Chavan which pronounced the ruling today.

The issue had been referred to the full bench (three-member bench) by division bench headed by Justice Ranjana Desai, as there were two conflicting earlier rulings.

The section 102 of CrPC says that a police officer can seize "any property" which is suspected or alleged to be stolen, or is found in the "circumstances which create suspicion of commission of an offence".


First Published: Tuesday, November 30, 2010, 00:50

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