• Under which section can a property be seized if bought from crime proceeds

Hello respected lawyers,
i am a complainant and i have here by registered an FIR against the accused u/s 120b, 420, 409, 465, 467, 379, 468, 471, 472 and 34 of IPC. The matter is still under investigation and the accused has got interim protection till the next date from the high court.
 During the course of investigation after going through accused bank statement it is on record that the accused has earned Rs1,70,00,000/- through proceed of crime and cheating my firm.
 From the money earned through proceed of crime the accused has bought a property.
 The IO has sealed all the bank accounts of the accused but is not seizing/sealing the property of the accused bought through proceed of crime.
 When i met the public prosecutor requesting him to move an application in the court of jurisdiction to seize the property of accused he told me that the IO has to first move an application in the court and only the the public prosecutor can take up the matter.
 when i conveyed the same to the IO, he told me that in a 420 FIR there is no provision to seize a property of any accused bought through proceed of crime...??? and if there is any provision the IO is asking me to show a relevant judgement of the Supreme court???

Please guide me in this regards that what to i do...???

a) can an IO move an application to seize a property through the Public prosecutor in the court?? if so under what section ??
b) any relevant and latest supreme court judgement to seize a property bought through proceed of crime? 
c) can i myself approach the court to do so?? if so under what section ???
Asked 1 year ago in Criminal Law
Religion: Sikh

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11 Answers

Bombay High Court “in Kishore Shankar Signapurkar v. The State of Maharashtra”,  held that the term “any property” coined in the sub-section (1) of Section 102 of CrPC does not include immovable property and hence, the police authority cannot take custody of or seize any immovable property for investigation even if that immovable property reasonably doubtful or found suspicious in between investigation of the crime or offense.

However, the police authority is not barred or prohibited from seizing any documents or papers of title correlated with the immovable property, as the same is different from the seizure of immovable property.


SC has   in case of 

Nevada Properties Private Limited Through Its Directors v. The State of Maharashtra And Another

   held  that the matter or dispute regarding land, house, etc. comes under the jurisdiction of the civil court, and any such inappropriate attempt to convert a civil matter into a criminal dispute should be discouraged.

 

2)Section 102 of CrPC is not entitled to authorize or allow the police authority to dispose of a man from his immovable property for the sake of investigation.

Ajay Sethi
Advocate, Mumbai
97503 Answers
7882 Consultations

The relevant section is section 102  Cr.P.C. which provides power to the Investigating Agency to '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.

a. I.O. can seize bank account and can inform and its report to the court under section 102 (3) Cr.P.C.  

b. Law itself is sufficient. However, judgement defer from case to case. 

c. Section 452 Cr. P. C is relevant provision. With the permission of court and prosecution branch you can approach court. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

Since this is a criminal case and not money recovery suit,  the police cannot seek to attach the property of the accused. 

You can file a civil suit for recovery of your money misappropriated fraudulently and seek attachment before judgment of his property towards security for the money. 

You can ask your advocate about any judgment. 

You are a defacto complainant,  you have to move any application only through public prosecutor 


The court will not entertain any application directly from you. 

T Kalaiselvan
Advocate, Vellore
87703 Answers
2355 Consultations

Yes court has powers to order the production of sexed property to io or prosecutor. Police also has powers to seize the same under provisions of crpc when the same is involved and related to crime 

Prashant Nayak
Advocate, Mumbai
32863 Answers
209 Consultations

a) Yes, Section 102 of CrPC, 1973 validates the power of police officers to seize certain property. 
Any police officer may seize any property which may be reported or suspected to have been stolen, or which may be
found under situations that originate suspicion of the commission of any crime or offense

b) Move application under section 102 CRPC

c) If the charge sheet has not filed by the I.O. , then you cannot approach the court , and only I.O. can do the same. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Attachment is provided under PMLA. 

Police officer can't seize immovable property as part of probe

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

Dear Client,

a. As per Section 102 of the CrPC., the Investigating Agency has the authority to seize any property that is alleged or suspected to have been stolen or found under circumstances that raise suspicion of the commission of an offense. In the case of a bank account, the Investigating Officer (I.O.) can seize it and submit a report to the court under Section 102(3) of the CrPC.

b. The adequacy of the law itself is unquestionable; however, the interpretation and application of the law may vary from one case to another, leading to different judgments.

c. To address the situation, one can look to Section 452 of the CrPC., which is the relevant provision. With proper permission from the court and the prosecution branch, an approach can be made to the court to seize the relevant property.

 

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

You don’t need the section you can make an application for the same as in cross examination only evidence is brought on record in form of contradiction 


You can object without any section in the aforesaid circumstances 

Prashant Nayak
Advocate, Mumbai
32863 Answers
209 Consultations

Have they filed any application seeking court direction to you to prove your allegations as admitted in the cross examination, you do not require any section of law to be invoked to raise your objections to that.

In fact it is their duty to invoke appropriate section of law to seek the said relief from court, you can rebut the same and object to their contents by filing a counter objection to it.

 

T Kalaiselvan
Advocate, Vellore
87703 Answers
2355 Consultations

In an application, similar to cross-examination, evidence is presented solely in the form of contradictions. In such situations, objections can be raised without referencing any specific section.

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

What application with what prayer they are filling ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

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