freezed the bank
accounts in utter disregard to the procedure as prescribed under Section 102 CrPC is
discernible from the affairs which ... under said section of law.
The provision of Section 102 of Code of Criminal Procedure is reproduced below:
"102. Power of police officer
conjunction with Chapter
Page No.# 20/31
XXXIV of the Code of Criminal Procedure , which relates to disposal of property
under Section ... Code was not restricted to property seized by the police officer under
Section 102 of the Code. However, Section 457 Cr.P.C, applied
from the order it reveals that
there is no compliance of Section 102 Cr.P.C. and the investigating agency did
not comply the mandatory ... petitioner's account. It is further stated that
when Section 102 Cr.P.C is invoked, the concerned authority should be informed
from the order it reveals that
there is no compliance of Section 102 Cr.P.C. and the investigating agency did
not comply the mandatory ... petitioner's account. It is further stated that
when Section 102 Cr.P.C is invoked, the concerned authority should be informed
bank account of the petitioner in terms with section 102 of Code of Criminal
Procedure ( Cr.P.C ).
4. The brief facts of the instant ... section is quoted herein below:
Section 102 in The Code Of Criminal Procedure, 1973
102. Power of police officer to seize certain property
freeze your accounts Nos. 30563436805 and 30557143055 under
Section 91 of Criminal Procedure Code, 1973 read with Section 36 of the same
Act.
In view ... clear that it was not a notice or an
action under Section 102 Cr.P.C.. There was no prima facie satisfaction recorded
wherein a specific mention was made that the
procedure under Section 102 of the Cr.P.C. could not be duly followed. Mr. Borbhuiya ... investigation. If there is any
violation in following the procedure U/S 102 Cr.P.C . freezing of account
cannot be legally sustained
been made in utter disregard to the prescribed
procedure under Section 102 CrPC and police authority has no power to seize such property ... been held that the expression property appearing in Section 102 CrPC would not include
moveable property and under Section 102 CrPC
provision of subsection (3) of section
102 of the Code of Criminal Procedure. Section 102 CrPC reads as under:
"102. Power ... that the police officer, who is conducting the
seizure under section 102 CrPC, is mandated to inform the concerned Magistrate
forthwith about
petition was filed before the learned Trial Court below under Section 102
Cr.P.C. for seizure and freezing of his 2 (two) bank accounts ... commission of offence as described in
Page No.# 4/7
Section 102 Cr.P.C. and thus, he submitted that Section 102(1)
