The police cannot seize immovable property under Section 102 of Cr.P.C. and the reasoning for rejecting a prayer must be legally sound.

1. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 16.01.2016 passed by the learned Chief Judicial Magistrate, Purnea in K. Hat P.S. Case No. 381 of 2015 by which the application of the petitioner for direction to unseal the clinic of the petitioner has been rejected.

2. K. Hat P.S. Case No. 381 of 2015 was registered on the basis of written report submitted by the Civil Surgeon-cum-Chief Medical Officer, Purnea on 13.06.2015 alleging therein that an enquiry was carried out in the clinic of the petitioner on the basis of the complaint made by one Ajay Kumar Sah and it was found that the petitioner was practicing in all types of medicines including Allopathy. In his clinic ECG machine was also found. On his visiting card and prescription he had got printed degrees which were not obtained by him. On the basis of these imputations, the informant alleged that being a quack the petitioner was exploiting the innocent patients.

3. On the basis of the aforesaid allegations, a case was registered against the petitioner, inter-alia under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code (for short the IPC) as well as Section 17 of the Indian Medical Council Act and investigation was taken up. In course of investigation, the clinic of the petitioner was sealed by the police on 13.06.2015.

4. The petitioner filed an application in the court of Chief Judicial Magistrate, Purnea for unsealing the clinic, but the same was rejected vide order dated 06.01.2016 passed by the learned Chief Judicial Magistrate, Purnea.

5. Assailing the aforesaid order dated 06.01.2016, learned counsel for the petitioner submitted that the petitioner has got bona fide degree in alternative medicine from a recognized institute and was practicing in it, but on an erroneous charge a case has been instituted against him and his clinic has been sealed, which was running since last five years. He is paying rent to the owner of the premises regularly. None of his patients had made any complaint at any point of time. He submitted that the court below erred in law in rejecting the prayer of the petitioner for unsealing the premises as the police have got no power under the Cr.P.C. to seal the immoveable property.

6. Per contra, learned counsel for the State submitted that the court below has rightly refused the prayer of the petitioner as he is a quack and was not holding any degree to practice in medicine. He was befooling the innocent patients and exploiting them. His aforesaid act is a social menace. He submitted that under Section 102 of the Cr.P.C. the police have got power to seize or seal certain properties which includes seizure of immovable property.

7. I have heard learned counsel for the parties and perused the record.

8. Section 102 of the Cr.P.C. defines the power of police officer to seize certain property especially where commission of an offence is alleged. For better appreciation of the issue involved in this case, Section 102 of the Cr.P.C. is quoted herein-below:-

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.

(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond under