Supreme Court of India
Nevada Properties Private Limited through its Director v. State of Maharashtra and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, I would answer the reference by holding that the phrase ‘any property’ in Section 102 will only cover moveable property and not immovable property.
Judgment, page 35
From the headnote
Code of Criminal Procedure, 1973: s. 102 – Power of police officer to seize certain pr operty – Immovable property, if would fall under the expression ‘any property’ u/s. 102 – Held: Power of a police officer u/s. 102 to seize any property, which may be found under circumstances th at create suspicion of the commission of any offence, would not include the power to attach, seize and seal an immovable proper ty – Word ‘property’ in a particular section covers only that type of property in respect of which the offence contemplated in that secti on can be committed – This core principle is to be
Authorities it was built on
- 2007 State Electricity Board v. Pooran Chandra Pandey and Ors.
- 1992 Commissioner of Income-tax v. Sun Engineering Works (p) Ltd.
- 2014 Binod Kumar & Ors. v. State of Bihar & Anr.
- 1999 State of Maharashtra v. Tapas D. Neogy
- 2018 State of Gujarat & Ors. v. Utility Users’ Welfare Association & Ors.
- 2017 Teesta Atul Setalvad v. The State of Gujarat
- 1979 N. Madhavan v. State of Kerala
Where later benches applied it
- 2025 Estate Officer, Haryana Urban Development Authority and Ors. v. Nirmala Devi
- 2024 Shento Varghese v. Julfikar Husen & Ors.
Of those, 2 referred to
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