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Anil Jain   28 December 2024

Seizure of jewellery by investigation officer under 498a, 406 and 3&4 dp act

When can a investigation officer search and seize jeweller from husband's house ? Can it be executed on mere statement of wife ? How can an investigation officer be stopped from such search and seizure if the complainant wife had already taken her jewellery ? Can an investigating officer seize jewellery from husband's parent house (in laws ) which she ( complainant wife) left 13 yrs ago and there is no prima facie evidence with police that jewelleries may lie at in laws house except her FIR COMPLAINT ? The complainant wife had not submitted bills , photographs of jewelleries ? Is it mandatory to involve Dowry Prohibition officer if case is in kolkata ? My above question is related to matrimonial dispute in respect of 498a, 406 ipc and 3 &4 DP act ? Please provide argument citing relevant section and judgement if possible and convinient ? 



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 December 2024

The police cannot seize the jewels from the house of the accused just because the complainant has lodged a complaint in this regard.

The police officer has to obtain permission or order from concerned trial court for this and of course court may not incline or pass an order to this effect to the police merely because of a pending complaint.

If the police is acting in excess or beyond their power violating the law you may approach high court with a petition to direct the police to restrain from indulging in such activities detrimental to the case proceedings and follow due process of law alone 

Anil Jain   28 December 2024

The police has not obtained order prior to seizure but after seizure it has informed the court. The jewellery seized is in malkana. The complaint wife had not provided any documents to establish her claim .I would appreciate if you can provide judgement or provision of law where it is held that investigation officer need to take prior permission of court to seize jewellery. If investigation officer acted in such a way , it amounts to unfair investigation. Can it be a ground for discharge or quash . Please advice and if possible mention judgement and sections . 


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