The Supreme Court today (September 24, 2019) held that the police does not have power to attach immovable property during investigation under Section 102 of the Code of Criminal Procedure, 1973.
The judgment was delivered by a Division Bench comprising of JusticesDeepak Gupta and Sanjiv Khanna.
Section 102 CrPC confers upon the police the power to seize certain property. The provision states:
"102. Power of police officer to seize certain property.
(1) Any police officer, may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer."
The judgment was passed in an appeal filed by the State of Maharashtra against a decision of the Full Bench of the Bombay High Court which held that the police does not possess the power to attach property during investigation.
The Bombay High Court in the judgment dated November 29, 2010, in the case Sudhir Vasant Karnataki v. The State of Maharashtra observed that if the police is allowed to attach property during investigation, there may be misuse of power.
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