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1). The plots and their title documents have been seized by the CBI during investigation under Section 102 Cr.PC. On conclusion of trial, if accused are found guilty, the case property can be confiscated under Section 452 Cr.PC.

7. Applicant has failed to show why EMI installments for the plots were not paid to HUDA. Seizure of the documents of plots does not stop the applicant from paying EMI installments.

"a). Whether, during the course of investigation while pressing into service the provision of section 102 Cr.P.C. a police official can seize such property documents or can freeze such bank accounts of an Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.08.2022 17:23:57 digitally signed by PS to HMJ ANU MALHOTRA.

individual or company which has no direct link with the commission of alleged offence?

b). Whether under section 102 Cr.P.C. an attachment/seizure of property papers and freezing of bank accounts can be done as a first instance and then subsequently investigation can be done to find out as to whether the seized property or freezed bank account has any connection with the commission of the alleged offence?

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.08.2022 17:23:57 digitally signed by PS to HMJ ANU MALHOTRA.

78. As regards the prayer made in Crl.M.C. No. 3297/2017 by accused No.1 Arvind Kumar (petitioner of Crl.M.C. No. 3927/2017) seeking the release of property documents pertaining to plot No.55 Sector-27, HUDA without any stipulation as well as by the petitioner of Crl.M.C. No. 4556/2018 M/s AI Developers Pvt. Ltd. seeking release of the original papers of the plot allotted by Haryana Urban Development Agency, it is essential to observe that in view of the verdict of the Hon‟ble Supreme Court in Nevada Properties Pvt. Ltd. Through its Directors V. State of Maharashtra & Anr.; 2019 (20) SCC 119, Section 102 of the Cr.P.C., 1973, does not include power to attach, seize and seal immovable properties and expression "any property" appearing in Section 102 of the Cr.P.C. 1973 does not include immovable property and Section 102 of the Cr.P.C., 1973 does not empower a police Officer to seize the immovable property, land, plots, residential houses, streets of similar properties though the police officer is not barred or prohibited from seizing the documents/papers or titles relating to immovable property as the same is distinct and different from seizure of immovable property, as observed vide paragraph 32 and 33 of the said verdict which reads to the effect: