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Supreme Court of India 2019-09-24 allowed

NEVADA PROPERTIES PVT. LTD. THROUGH ITS DIRECTOR LTD vs THE STATE OF MAHARASHTRA

Bench: 3 — Ranjan Gogoi, Deepak Gupta, Sanjiv Khanna

In Brief

The Supreme Court held that a police officer's power under Section 102 of the Code of Criminal Procedure, 1973 to seize property found under circumstances creating suspicion of an offence is limited to movable property and does not extend to immovable property. The Court rejected the broader interpretation that 'any property' includes land, buildings, and other immovables. The decision reasoned that theft cannot occur of immovable property; seizure requires physical custody unsuitable for immovables; and allowing police to seize immovable property would circumvent civil law protections and create chaos. Specific statutory provisions (Chapter VIIA and the 1944 Ordinance) already authorize courts—not police—to attach and forfeit all property categories in criminal matters.

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Criminal Procedure Police Powers Seizure of Property Investigation Immovable Property Constitutional Law

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