Recently three member division bench of Bombay High Court has held that the provisons of crpc 102 does not empower the police to confiscate the immovable property. Earlier in a judgment of two member divison bench each judge given contradictory judgments. The mater was therefore refered to the three member bench and the bench by majority judgment pronuced that the setion 102 crpc does not empower police to confiscate the immovable property of the stolen property by th accused. However the power is restricted to attachment and acquisition of movable property only.
citation: wp. sudhir karnataki. Vs. commisionser ofpolice Pune. decison in 28th Nov.2010
