Police can't seize immovable assets during probe: SC

The Supreme Court on Tuesday held that the police cannot seize immovable properties during investigation of an offence.

The top court, however, clarified that the investigating agency can freeze the moveable properties.

A bench of Justices Deepak Gupta and Sanjiv Khanna passed its ruling with regard to power of the police as mentioned under Section 102 of Criminal Procedure Code.

According to the provision, 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.

It further said such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. Such seized property is reported to the jurisdiction magistrate.

The matter to the top court reached on a plea by the Maharashtra government, against the Bombay High Court's order.

The majority judgement of the Full Bench of the High Court held that the police have no power to seize property during the course of investigation.

The state government challenged the ruling by contending that since the police can freeze the bank accounts as per the the judgement of Tapas Niyogi, they can seize property relating to the offence.

The court, however, disagreed to the contention as there is an apprehension that the police may be misuse the power.