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SUNIL B. SHUKRE, M. W. CHANDWANI
Vikram – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
SUNIL B.SHUKRE,J. - Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.
2. Affidavit-in-reply dtd. 13/12/2022 along with the letter dtd. 12/12/2022 tendered to the Court across the bar is taken on record. The affidavit-in-reply is marked as "document A" and the letter dtd. 12/12/2022 is marked as "document B" for identification.
3. The issue involved in this petition - "Whether or not immovable property can be seized by the Investigating Officer in exercise of his power under Sec. 102 of the Code of Criminal Procedure ("Code" for short), is something, which does not take too long to answer. The issue, in fact, has been answered by the Apex Court in an authoritative manner in it's judgment delivered by a 3-Judge Bench in the case of Nevada Properties Private Limited Through its Directors Vs. State of Maharashtra and another (2019) 20 Supreme Court Cases 119.
4. The Supreme Court in Nevada Properties (P) Ltd. (supra) has categorically held that seizure of immovable property by Police Officer under Sec. 102 of the Code is not permissible and if it is to be in countenanced by any Court of law, chaos in society will follow.
5
Sec. 102 of the Code of Criminal Procedure does not empower police officers to seize immovable property, and such actions are illegal and contrary to established legal principles.
The main legal point established in the judgment is that the power of seizure under Section 102 of the Code of Criminal Procedure, 1973 is limited to movable property and does not extend to immovable....
Release of seized property during investigation – At investigation stage, seized articles cannot be released by Court under Section 451 Cr.P.C. – However, under Section 457 of Cr.P.C., Criminal Court....
(1) Inspector of Police is not an ‘authority’ prescribed in Section 22-A of Registration Act, 1908 for preparation of list of properties to be communicated to registering authorities for incorporatin....
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