During probe, Immovable assets can’t be attached

New Delhi: The Supreme Court on Tuesday set at rest interpretation of Section 102 of the Code of Criminal Procedure, ruling that the police cannot seize or attach the immovable property in the course of its investigation.

A 3-judge Bench, headed by Chief Justice Ranjan Gogoi, however, made it clear that this would not bar or prohibit the police from seizing documents/papers of title relating to the immovable property since it is distinct and different from seizure of the immovable property.

(Seizure of papers itself disables the owner from selling such a property).The majority judgment is written by Justice Sanjiv Khanna on his own behalf and that of CJI Gogoi, while Justice Deepak Gupta gave a concurring verdict. (In November 2014, the Bench of Justices Jagdish Singh Khehar and Arun Mishra had referred the issue to a 3-judge Bench.)

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