‘Any Property’ does not include ‘Immovable Property’- SC

‘Any Property’ does not include ‘Immovable Property’- SC

NITISH SHUKLA 

BACKGROUND

Section 102(1) of CrPC (Criminal Procedural Code) says that “Any police officer, may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.” This Section empowers the authorised police officer to seize or take hold of or take the custody of that property which he had suspected to be stolen or are those goods which he believes to be related to some crime. ‘Any Property’ does not include ‘Immovable Property’ as per judgement of the Supreme Court.

CURRENT ISSUE (‘Any Property’ does not include ‘Immovable Property’)

In the recent case of Nasir Hussain V. State of Chattisgarh & Ors, the Hon’ble High Court held that a police officer has no power to seal the immovable property and the word seize under Section 102 of the CrPC would mean only actual taking possession of the movable property.

In the instant case, the police officer while acting under section 102 of CrPC ceased three trucks of iron angles and other objects weighing about 40 tonnes and has given the same to the possession of the employees of the petitioner, and also sealed his immovable property.

The court also cited the case of  Brajesh Kumar Srivastava v. The State of Bihar where the same observation was made and immovable property was excluded from the ambit of ‘property’ under section 102 CrPC.

In view of the aforesaid, the High Court of Chattisgarh opined that under Section 102 of CrPC, the police have no power to seal the immovable property and the word seize used under Section 102 of CrPC would mean only actual taking possession of the movable property.

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CONCLUSION

The High Court of Chattisgarh has clarified that what all comes under the term ‘property’ Mentioned under Section 102 of CrPC. And also made it clear that only movable property can be seized by the police officer while acting under the sec 102 while immovable property stands immune from the seizure.

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