It has been held by the Supreme Court that the police while investigating a criminal case, cannot seize immovable properties.
A bench comprising of Justice Ranjan Gogoi and Justices Sanjiv Khanna and Deepak Gupta held that the investigating powers given to the police under the Criminal Procedure Code do not include the power of the police to seize and attach any immovable property while conducting the investigation.
The top Court interpreted Section 102 of CrPc that gives power to the police to seize any property during the course of an investigation of a criminal case.
The Bombay High Court, in its majority verdict, has held the same that the police have no power to seize and attach any immovable property while conducting the investigation. The said verdict of the High Court has been challenged by the Maharastra government before the top court.
