Section 102 in The Code of Criminal Procedure, 1973
102. Power of police officer to seize certain property.
(1) Any police officer may seize ... seizure to that officer. (3) [ Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where
Section 102 but even assuming
that a bank account is a `property' within the meaning of
Section 102 of the Code of Criminal Procedure ... Police , 1988 Criminal
Law Journal 240 (Vol.94), and analysed the provisions of
Section 102 of the Criminal Procedure Code and the facts
borne in mind in interpreting the provisions of Section 102 of the Criminal Procedure Code and the underlying object engrafted therein, inasmuch as if there ... offence of criminal misconduct was committed is the property capable of being seized under Section 102 of the Criminal Procedure Code.
This underlying object
power to effect seizure of that property under Sub-section (1) of Section 102 Cr.P.C. Any other interpretation would be totally unrealistic ... bank accounts Under Section 102 Cr.P.C. Section 102 of the Code of Criminal Procedure, 1973 corresponds to Section 550 of the Code
word is uttered about this requirement of Sub section (2) of Section 102 of Cr.P.C. that the officer ordering attachment of the accounts ... superior as required by Sub section (2) of Section 102.
20. Third requirement of Sub Section (3) of Section 102, lays down a mandate that
debit-freezed by the
concerned I.O. under Section 102 of the Code of Criminal Procedure,
1973 (" Cr.P.C ") and dismissed ... held that if there is any violation in
following the procedures under Section 102 Cr.P.C., the freezing of
the bank account cannot
property
within the meaning of section 102 of the Code, and sub-section (3) of
section 102 requries the reporting of seizure of the property ... superior as required by
Sub section (2) of Section 102 .
20. Third requirement of Sub Section (3) of Section 102 ,
lays down a mandate that
said judgment reads as follows:-
12.No doubt under Section 102(3) , Criminal Procedure Code, every police officer acting under Section 102(1) shall forthwith ... Simply because the 1st respondent failed to comply with Section 102(3) Criminal Procedure Code, it cannot be concluded that the entire freezing
been held as under:
12. No doubt under Section 102(3) , Criminal Procedure Code, every police officer acting under Sec.102(1) shall forthwith report ... word 'forthwith' cannot denote different meaning from section to section. Section 102 Cr.P.C. mandates to report the seizure to the Magistrate
were in exercise of
powers conferred under Section 102 of the Code of Criminal
Procedure, 1973. He further submitted that the powers to freeze assets ... only a temporary order and in terms of sub-
section (3) of Section 102 of Cr.P.C., the police officer seizing any
property
