Power of seizure
Dr G V Rao
(Querist) 21 April 2013
This query is : Resolved
In this case, the CBI summoned production of a laptop u/s 91 crpc for investigation...on production of laptop by accused, the same was seized without any notice...is their any provision under law wherein the CBI can seize an movable property without notice of seizure to accused or suspect.
Nadeem Qureshi
(Expert) 21 April 2013
Dear Querist
as per section
102. Power of police officer to seize certain property.
(1) 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.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
(3) 1[ Every police officer acting under sub- section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same.]
Devajyoti Barman
(Expert) 22 April 2013
No prior notice is given to seize an article.
Adv k . mahesh
(Expert) 22 April 2013
yes no prior notice is required to investigate the case and seizure of movable property of the accused
Dr J C Vashista
(Expert) 24 April 2013
No notice required, however, move to area magistrate to return the laptop on superdari bond
