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1 - 10 of 18 (0.29 seconds)Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 106 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 14 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
The Prevention of Corruption Act, 1988
Section 13 in The Prevention of Corruption Act, 1988 [Entire Act]
Article 21 in Constitution of India [Constitution]
State Of Maharashtra vs Tapas D. Neogy on 16 September, 1999
22. Ergo, in Tapas D. Neogy supra, the Hon'ble Apex Court decisively held
that Section 102(1) of 'the Cr.P.C.,' by its wide legislative sweep, empowers
the police to seize "any property," which includes bank accounts of an accused
or their relations when such accounts exhibit a direct and proximate nexus
with the alleged offence. Rejecting the restrictive interpretations adopted by
the Delhi, Gauhati, and Allahabad High Courts, the Hon'ble Supreme Court
emphasized that excluding bank accounts from the purview of seizure would
defeat the very object of Section 102 of 'the Cr.P.C.,' particularly in cases
involving corruption and illicit monetary gains. The Court further harmonised
this interpretation with the legislative intent underlying the Prevention of
Corruption Act, 1988, which contemplates scrutiny of pecuniary resources
derived through unlawful means. While affirming the legality of freezing bank
accounts under Section 102 of 'the Cr.P.C.,' the Court, in the factual
circumstances of that case, refrained from interfering as the impugned order
had already been acted upon and the account was operational.