The sealing of immovable property without allegations against the owner is illegal, as police powers under Section 102 Cr.P.C. do not extend to such actions.

ORDER

Date : 10.09.2024 An RCC building belonging to the petitioner was admittedly sealed on 21.04.2015 during the course of an investigation in connection with Biswanath Chariali PS Case No.108/2015.

It is submitted by the petitioner that such house is still under sealed condition. According to the petitioner, he has represented before the Superintendent of Police, district- Biswanath, however, it is still under sealed condition. It is available on record that the petitioner rented the said premises to one Abhishek Traders who is the accused in the Biswanath Chariali PS Case No.108/2015 and there is no allegations against the petitioner only for the reason that the aforesiad premise was used by the accused, the house has been sealed and till date that is under sealed condition.

In the case of Naveda Properties Pvt. Ltd Vs. State of Maharashtra & Others reported in (2019) 20 SCC 119 , the hon’ble Apex Court dealing with a similar issue in answering a reference whether the expression “any property” used in sub-section (1) of section 102 Cr.P.C ., includes immovable property, after dealing with different judgments and provisions of Cr.P.C ., at paragraph 34 answered the reference holding that the power of a police officer under section 102 of the Code to seize any property which may be found under circumstances that create suspicion of commission of an offence, would not include the power to attach, seal or seize an immovable property.

In view of the aforesaid, as an interim measure, it is directed that the Respondent, Superintendent of Police, Biswanath Chariali shall ensure that the house is de-sealed and possession is handed over to the petitioner forthwith. However, investigating authority shall be at liberty to seize other materials that might be kept inside the premises by the accused Abhishek Traders.

This court is surprised to note that a dwelling premise/rented premise has been sealed in the year 2014-2015 and it is still under sealed condition and this court is also of the prima facie view that such action is illegal subject to, however, further deliberation and perusal of the concerned police station case.

Therefore, this court may also consider for granting damages and compensation in the given facts of the present case in exercise of its jurisdiction under Article 226 of the Constitution of India . Therefore, in the aforesaid backdrop, let the Superintendent of police/Investigating Officer of the case file an affidavit by the next date fixed and also produce the case diary of Biswanath Chariali PS Case No.108/2015 under sections

120(B)/420/406 IPC read with section 4/5 of PCMC (Banning Act, 1978). List this matter on 03.10.2024.