The Supreme Court on Tuesday held that police cannot attach immovable properties during investigation of a criminal case. The apex court upheld the Bombay High Court order.
A Bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna held that Section 102 of CrPC does not include the power of police to seize and attach immovable properties.
Justice Khanna, who read the judgment for the Bench, said it is a concurring judgment but Justice Gupta has given some additional reasons.
The top court interpreted Section 102 of the Criminal Procedure Code, which gives power to police for seizure of any property during criminal investigation of any case.
The Bombay High Court, in its majority verdict, had held that police has no power to seize property during the course of investigation. The Maharashtra government had challenged the said verdict of the High Court before the top court. The Supreme Court’s verdict in this case came almost after nine years.
