Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
2024 0 Supreme(Gau) 800, 2024 0 Supreme(All) 423, 2022 0 Supreme(Chh) 508, 2022 Supreme(Online)(Chh) 1537, 2025 Supreme(Online)(KER) 6026, 2025 0 Supreme(All) 2429, 2022 Supreme(Online)(KER) 6571, 2025 Supreme(Online)(Tel) 16206, 2022 0 Supreme(Telangana) 596,
SANDRIO STEEL AND ALLOYS PRIVATE LIMITED vs STATE OF CHHATTISGARH - Chhattisgarh
Analysis and Conclusion: The consensus across various courts indicates that while applications under Section 457 Cr.P.C. are valid for property seized and reported properly, they are not maintainable when the seizure was made solely under Section 102 without proper reporting to the Magistrate. The procedural irregularity in reporting under Section 102(3) can affect the legality of the seizure, but it does not automatically render the application under Section 457 maintainable unless the seizure and reporting comply with legal requirements. Therefore, if seizure under Section 102 is not properly reported, an application under Section 457 may be dismissed or considered not maintainable, emphasizing the importance of procedural compliance for such applications.
In the realm of criminal procedure in India, property seizures by police often raise critical questions about custody, release, and judicial oversight. One pressing issue is: Application under Section 457 CrPC is Not Maintainable when Seizure is under Section 102. Or is it? This blog post delves into the nuances of Sections 102 and 457 of the Code of Criminal Procedure (CrPC), examining when such applications may or may not be entertained by magistrates. Drawing from statutory provisions and judicial precedents, we'll explore the conditions for maintainability, procedural pitfalls, and practical recommendations. Note: This is general information and not specific legal advice; consult a qualified lawyer for your case.
Property seized during criminal investigations can tie up assets for months or years, affecting individuals and businesses alike. Section 102 CrPC empowers police to seize suspected stolen property or items linked to offenses, but what happens next? Can the owner approach a magistrate under Section 457 CrPC for release if the seizure was under Section 102? The answer hinges on reporting requirements, production before court, and compliance with procedures. Courts have issued divergent views, but a clear pattern emerges: procedural regularity is key. 1990 0 Supreme(Gau) 206
Section 102 CrPC allows a police officer to seize property if there's reasonable suspicion it's stolen or involved in any offense. Crucially:- The officer must report the seizure forthwith to the nearest magistrate (Section 102(3)). 1990 0 Supreme(Gau) 206- Seizures are typically temporary, aimed at preserving evidence. 2024 0 Supreme(Gau) 800
Failure to report doesn't always invalidate the seizure but creates a procedural irregularity. For instance, in one case, notice of seizure was not issued under Section 102 Cr.P.C. No notice served on account holders and seizure of bank accounts was not reported to the jurisdictional Magistrate. This non-compliance can undermine subsequent applications. 2021 0 Supreme(Telangana) 22
Section 457 applies to property seized by police but not produced before a criminal court during inquiry or trial. It enables the magistrate to:1. Order delivery to the person entitled.2. Dispose of perishable items.3. Impose conditions for custody. 2022 0 Supreme(Chh) 508
The provision states: Procedure by police upon seizure of property. It targets scenarios where property lingers in police custody without court involvement.
SANDRIO STEEL AND ALLOYS PRIVATE LIMITED vs STATE OF CHHATTISGARH - Chhattisgarh
Judicial interpretations clarify the interplay between Sections 102 and 457.
If property is reported to the magistrate and remains unproduced, Section 457 offers an effective and efficacious remedy for interim custody. An accused whose property is seized by police officer can file application to grant interim custody.
SANDRIO STEEL AND ALLOYS PRIVATE LIMITED vs STATE OF CHHATTISGARH - Chhattisgarh
However, maintainability falters without procedural compliance:- Seizures under Section 102 require reporting under Section 102(3). Non-reporting may render Section 457 applications not maintainable. 2024 0 Supreme(Gau) 800 2024 0 Supreme(All) 423- Courts have dismissed applications where seizure wasn't properly reported, emphasizing: Applications under Section 457 Cr.P.C. are specifically for property seized and not produced before the court, and are maintainable only when seizure is properly reported and in accordance with law. 2022 0 Supreme(Chh) 508 2022 Supreme(Online)(Chh) 1537- In cases involving bank accounts or other assets, lack of notice or reporting led to challenges: It being so, a seizure is permissible under the law under Section 102(1) of the CrPC. But procedural lapses affect remedies. 2019 0 Supreme(Gau) 642 2019 0 Supreme(Gau) 652
Additional precedents like 2025 Supreme(Online)(KER) 6026, 2025 0 Supreme(All) 2429, and 2025 Supreme(Online)(Tel) 16206 reinforce that irregular seizures under Section 102 can lead to dismissal of Section 457 petitions on grounds of non-maintainability.
To succeed with a Section 457 application:- Verify Reporting: Confirm if police reported the seizure to the magistrate. Non-reporting is a procedural irregularity but doesn't auto-invalidate; it weakens the application. 1990 0 Supreme(Gau) 206- Check Production Status: Property must not have been produced in court (Sections 451/452 apply if it was).- File Promptly: Approach the jurisdictional magistrate with supporting affidavits and case details.
Pitfalls include:- Assuming all Section 102 seizures qualify—only unproduced property does.- Ignoring allied offenses (e.g., Customs Act violations alongside IPC), which may justify seizure. 2019 0 Supreme(Gau) 650
The maintainability of a Section 457 CrPC application post-Section 102 seizure is not absolute. It generally holds if the seizure is reported and property unproduced before court, as affirmed in Supreme Court and High Court rulings. However, procedural lapses like non-reporting often render it not maintainable, underscoring compliance's importance. 2001 0 Supreme(Del) 1510 2015 0 Supreme(Ker) 1492
Key Takeaways:- Section 457 is viable for unreported or unproduced Section 102 seizures under strict conditions.- Always prioritize procedural verification to avoid dismissal.- Reference cases like Nevada Properties for robust arguments. 2023 0 Supreme(Gau) 197
This analysis draws from established precedents (References: 2022 0 Supreme(Chh) 508 2023 0 Supreme(Gau) 197 2001 0 Supreme(Del) 1510 2015 0 Supreme(Ker) 1492 1990 0 Supreme(Gau) 206 2024 0 Supreme(Gau) 800
SANDRIO STEEL AND ALLOYS PRIVATE LIMITED vs STATE OF CHHATTISGARH - Chhattisgarh
2021 0 Supreme(Telangana) 22). For tailored advice, engage a criminal law expert. Stay informed on CrPC evolutions to protect your rights effectively. #CrPC #Section457 #LegalInsights
No appeal shall be maintainable under section 12 of the Act, 2021 when a determination is made in an application filed under Section 451 or Section 457 of the Cr.P.C. as the case may be. V. ... Section 102 of the Code of Criminal Procedure further mandates that the police officer shall report the seizure#HL....
Acts and Sections: Section 102 Cr.P.C., Section 102(3) Cr.P.C., Section 451 Cr.P.C., Section 457 Cr.P.C. ... Seizure - Freezing of Bank Account - Section 102 Cr.P.C. - 102(3) Cr.P.C. - 451, 457 Cr.P.C. - Summary of ... The State argued that Section 102(3) Cr.P.C. is not mandatory and the petitioner has statutory reme....
Criminal Procedure Code, 1973 - Section 102, (1), 457, 458 - Bank Account has been Freezed - Application ... account, application for defreezing bank account under Section 457 of CrPC is maintainable - In that view of matter, writ petition ... is disposed of with liberty to petitioner to avail remedy available to him under Section 457 of CrPC by filing an application for ... As such, sin....
14.As such, for defreezing the bank account, application for defreezing the bank account under Section 457 of the CrPC is maintainable. ... As such, since bank account of the accused is the property under Section 102(1) of the CrPC, therefore, application under Section 457 of the CrPC#HL_....
It is admitted fact that the aforesaid seizure has been made under Section 102 of Cr.P.C. The scheme of seizure under Section 102 of Cr.P.C. is material different from other Act. Section 102 of Cr.P.C. reproduced as under: "102. ... However, the said order of seizure#HL_E....
(A) Criminal Law Amendment Act, 1944 - Sections 3, 4, 5, 10, 12, 13 - Code of Criminal Procedure, 1973 - Section 102 - Freezing of ... (Paras 24, 25) (E) Ratio Decidendi - The court ruled that the powers under Section 102 Cr.P.C ... 102 Cr.P.C. and that non-reporting of seizure did not invalidate the action taken. ... Learned counsel would also submit that, even if a power under Section ....
In such circumstances, it was observed that, as the vehicle is not brought before the jurisdiction of the court, an application under Section 457 of Cr.P.C. is not maintainable. 2. Heard both sides. ... However, it is to be clarified that, once the matter is reported to the learned Magistrate in compliance of the stipulations contained under Section #H....
The court ruled that no prior notice is mandated before freezing under Section 102 Cr.P.C. ... (A) Indian Penal Code - Sections 406, 420, 447, 385, 467, 468, 469, 471, 120B r/w 34 - Cr.P.C - Section 102 - Petitioners challenged ... 102 Cr.P.C. ... This application was not moved under Section 457 Cr.P.C. ... This #H....
Criminal Procedure Code,1973 - Section 102(3) - Constitution of India,1950 - Articles 14, 19 and 21 - Seizure ... Further, Section 457 of Cr.P.C. reads as follows: 457. ... The petitioner did not commit any offence as alleged. The seizure is not informed to the concerned jurisdictional Magistrate as required under Section#HL....
An accused whose property is seized by police officer can file application to grant interim custody. This is an effective and efficacious remedy. Section 457 of Cr.P.C. for ready reference is reproduced here-in-under:- “457. Procedure by police upon seizure of property. ... Having considered the divergent views taken by different High Courts with regard to the power of seizure#....
12. Section 457 of the CrPC empowers the Magistrate to give delivery of the said property to the person entitled to possession subject to certain conditions mentioned therein and whenever the seizure of the property by the police is reported to a Magistrate, the Magistrate is empowered under Section 457 of the CrPC to give delivery of the said property to the person entitled to possession. As such, since bank account of the accused is the property under Section 102(1) of the CrPC, th....
More so, Section 102 Cr.P.C., requires to report freezing of bank accounts forthwith to the jurisdictional Magistrate. It is further contended that compliance of Section 102 Cr.P.C., in all respects is mandatory. In the case on hand, notice of seizure was not issued under Section 102 Cr.P.C. No notice served on account holders and seizure of bank accounts was not reported to the jurisdictional Magistrate.
Further, as communicated by the authorities under the DRI, there are also allegation of violations under the Customs Act and it also being an offence, the same would be within the purview of the investigation initiated by the police authorities. It being so, a seizure is permissible under the law under Section 102(1) of the CrPC. Further, an ejahar had also been lodged before the Jalukbari police station alleging that fraud and forgery could be detected in the tax documents s....
The ejahar dated 03.09.2019 had been registered as Jalukbari PS Case No.1362/2019. Further, an ejahar had also been lodged before the Jalukbari police station alleging that fraud and forgery could be detected in the tax documents submitted by the appellants and hence, over and above it would also be an offence under Sections 120(B)/420/467/471 of the IPC. Further, as communicated by the authorities under the DRI, there are also allegation of violations under the Customs Act and it also being a....
Further, as communicated by the authorities under the DRI, there are also allegation of violations under the Customs Act and it also being an offence, the same would be within the purview of the investigation initiated by the police authorities. Further, an ejahar had also been lodged before the Jalukbari police station alleging that fraud and forgery could be detected in the tax documents submitted by the appellants and hence, over and above it would also be an offence under Sections 120(B)/4....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.