SC: Cops can’t seize immovable property in criminal case probe

Source: Times of India dated 25.09.2019

The Supreme Court on Tuesday ruled that police cannot attach immovable properties of an accused during investigation in a criminal case as seizure of such property would not facilitate probe though collection of evidence or material to be produced during trial.

Enumerating how empowering police to attach immovable property may lead to an absolutely chaotic situation, a bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna said if there is a physical fight between the landlord and tenant over rented premises, police would be entitled to seize the property making a mockery of the rent laws.

“The power of a police officer under CrPC Section 102 to seize any property would not include the power to attach, seize and seal an immovable property,” the bench said. The court, however, said this would not bar or prohibit police from seizing documents/ papers of title relating to immovable property.

“Section 102 of CrPC empowers a police officer to seize any property which may be alleged or suspected to have been stolen. Theft can take place only of movable property and not of immovable property. In my view, the word ‘seized’ has been used in the sense of taking actual physical custody of the property,” Justice Gupta said in his separate but concurrent judgment.

He also stated that sub-section 3 of Section 102 provides that where it is difficult to conveniently transport the property to the court or there is difficulty in securing proper accommodation for the custody of the property, the property can be given to any person on his executing a bond. “This per se indicates that the property must be capable of production in court and of being kept inside some accommodation. This obviously cannot be done with immovable property,” he said.