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Supreme Court of India 2019-09-24 partly_allowed

Nevada Properties Private Limited through its Directors vs State of Maharashtra and Another

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court clarified that police officers cannot seize immovable property under Section 102 of the Criminal Procedure Code on mere suspicion of an offence. The Court held that the term 'property' in Section 102 applies only to movable property. Allowing seizure of immovable property based on suspicion would grant police an excessive power to dispossess people without proper legal safeguard. The judgment affirmed that such drastic action requires formal legal procedures, not arbitrary police action. Individual appeals arising from the matter were remitted for separate disposal.

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Criminal Procedure Police Powers Search and Seizure Immovable Property Evidence Statutory Interpretation

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