Supreme Court of India has delivered a judgment, severely restricting police's power over  attachment of immovable property during an investigation. SC held that using powers under section 102 of Code of Criminal Procedure (CrPC), police cant attach a person's immovable property during investigation.

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Attachment of Immovable Property 

judgment was delivered by a bench comprising of Justices Deepak Gupta and Sanjiv Khanna. An appeal h been filed by State of Maharashtra against vember 29, 2010, Bombay High Court judgment in case Sudhir Vasant Karnataki vs State of Maharashtra. In case, Justices R C Chavan and R S Dalvi of Bombay HC held that police cant seize immovable property. Aggrieved by order of HC, State of Maharashtra filed an appeal which w Supreme Court has dismissed. 

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state of Maharashtra argued that since police possess power to freeze bank accounts during an investigation, y can similarly attach properties as well. However, Supreme Court has quashed argument and has clarified that police has  authority to freeze moveable properties of accused. 

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Section 102 of CrPC

Section 102 CrPC allows police power to seize certain property. provision states:

"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 commission of any offence.

(2) Such police officer, if subordinate to officer in charge of a police station, shall forthwith report seizure to that officer."

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