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An order of seizure or attachment of any property, issued by an officer conducting an inquiry or investigation under Section 105D of the Code of Criminal Procedure, 1973, must be confirmed by the Court within a period of
Explanation
Under Section 105D of the Code of Criminal Procedure (CrPC), 1973, which deals with the assistance in relation to orders of attachment or forfeiture of property, specific procedural safeguards are established. Section 105D(1) empowers an investigating officer to issue an order for the seizure or attachment of property believed to be derived from the commission of an offense.
According to Section 105D(2), every such order of seizure or attachment shall be of no effect unless the said order is confirmed by an order of the Court within a period of 30 days of its being made. This provision ensures judicial oversight over the actions of investigating agencies regarding the deprivation of property. This section is part of Chapter VIIA, which was introduced to facilitate reciprocal arrangements with foreign countries regarding the tracking, attachment, and forfeiture of proceeds of crime.
SIMILAR QUESTIONS
With regard to seizure of property under the Code of Criminal Procedure, 1973, consider the following statements :
1. A police officer not below the rank of Sub-Inspector of Police conducting an investigation for identifying unlawfully acquired property can make an order for seizing the property under investigation if he has reason to believe that the property in question may be concealed or transferred in any manner.
2. An order made as above shall have no effect unless the same is confirmed by an order of the court within thirty days of its being made.
Which of the statements given above is/are correct?
Consider the following statements with regard to seizure of property under the Code of Criminal Procedure, 1973 :
1. Any police officer may seize any property which may be suspected to be stolen.
2. Any police officer may seize any property which may be found under circumstances which create suspicion of the commission of any offence.
3. If the value of the property seized is less than one thousand rupees and the person entitled to its possession is absent, the court may direct its sale by auction forthwith.
Which of the statements given above is/are correct?
The power of the police officer to seize certain property has been given under
Where the property seized under Section 102 of the Code of Criminal Procedure, 1973 is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent, the property may forthwith be sold by auction under the orders of the Superintendent of Police, if the value of such property is :