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Ajinkya Lad   12 December 2023

police sealed my shop

i was reminded to MCR regarding the session triable matter.
the IO of the case sealed my shop which allegedly is a place of offence.

now I've to de sealed my shop
under which provision we can proceed?


Learning

 3 Replies

Sanskriti Tiwari   12 December 2023

The closure of a shop or premises due to alleged criminal activity typically falls under the purview of the Criminal Procedure Code (CrPC). To proceed with unsealing your shop, you can refer Section 457 of the CrPC. This section enables the court that ordered the closure to grant permission for re-entry and removing the seals if it deems fit.

Moreover, the sealing of premises shouldn't be indefinite and must be based on reasonable grounds as the purpose of sealing is to aid investigation and not to punish the accused. Therefore, if you can prove that the closure is affecting your livelihood and that there's no imminent threat to the investigation, you can approach the court under Section 457 for relief.

However, specific advice should be sought from a legal expert or lawyer familiar with your case details for precise guidance and representation in court. They can assess the situation comprehensively and proceed accordingly under the relevant legal provisions.

T. Kalaiselvan, Advocate (Advocate)     13 December 2023

Since it is a criminal case  due to whch the police had sealed your shop, you have to look for rtemedy through criminal law itself.

You can file a petition before the concerned court under the provision of criminal law to remove the seal.

In a recent case, taking into consideration the livelihood of a shopkeeper, the Madras high court has directed the authorities to remove the lock and seal of a grocery shop and godown in Madurai district where officials had seized 112kg of banned tobacco products.

You can also file a petition on the basis of your livelihood 

Ajinkya Lad   13 December 2023

okay thankyou sir

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