also contended by the learned counsel for
petitioner that Section 102 of Code of Criminal Procedure
which is mandatory, has not been followed while freezing ... Karnataka High Court examined the provisions
of Section 102 of the Criminal Procedure Code and relying
upon the Gauhati High Court decision
with regard to such freezement in
terms of sub-section (3) of Section 102 of Cr.P.C. Learned
counsel would submit that the freezement ... Bombay
High Court held that non-compliance of the
procedure laid down u/s 102 Cr.P.C. is not only an
irregularity
also contended by the Learned Counsel for petitioner
that Section 102 of Code of Criminal Procedure, which is
mandatory, has not been followed while freezing ... provided in Section 102 CrP.C. Our case is
covered under Section 102 CrP.C. Let us focus our
attention only on Section 102Cr
germane to notice the provisions of the
Criminal Procedure Code which empowers seizure. Section 102
of the Cr.P.C. empowers the Police to seize ... that it being a special enactment would prevail over Section 102
or Section 104 of the Cr.P.C., which empower the Police to seize
petitioner.
8. Dealing with the procedure to be followed by the
Investigating Officer while taking recourse to Section 102
of Cr.P.C., this Court ... sufficient to
attract Section 102 of Cr.P.C. Following the
procedure as provided under Section 102 is
mandatory. If the Police Officer
petitioners under Section 451 and 457 of Cr.P.C.
seeking to defreeze the bank accounts frozen by the respondent
under Section 102 of ... course of investigation. The only mandate
prescribed under sub-section (2) of section 102 of Cr.P.C. is
that, if the seizure is effected
final report, the recovery is
necessary and as per Section 102 of Code of Criminal
Procedure, 1973 (for short, ' ... invoked Section 102(1) and
new Section 106(1) of BNSS.
43. If the Investigating Officer complied with the
proviso under Section 102 of
final report, the recovery is
necessary and as per Section 102 of Code of Criminal
Procedure, 1973 (for short, ' ... invoked Section 102(1) and
new Section 106(1) of BNSS.
43. If the Investigating Officer complied with the
proviso under Section 102 of
final report, the recovery is
necessary and as per Section 102 of Code of Criminal
Procedure, 1973 (for short, ' ... invoked Section 102(1) and
new Section 106(1) of BNSS.
43. If the Investigating Officer complied with the
proviso under Section 102 of
final report, the recovery is
necessary and as per Section 102 of Code of Criminal
Procedure, 1973 (for short, ' ... invoked Section 102(1) and
new Section 106(1) of BNSS.
43. If the Investigating Officer complied with the
proviso under Section 102 of
