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?

The question relates to the provisions of Chapter VIIA of the Code of Criminal Procedure (CrPC), 1973, which was inserted by the Criminal Law (Amendment) Act, 1993, to deal with the attachment and forfeiture of property derived from crimes.

• Statement 1 is correct: Under Section 105D and Section 105E of the CrPC, a police officer conducting an investigation for identifying "unlawfully acquired property" (proceeds of crime) is empowered to trace such property. If the officer has reason to believe that the property is likely to be concealed or transferred, they may make an order for its seizure. In practice and under general investigation rules (Section 157), such an investigating officer is typically not below the rank of Sub-Inspector.
• Statement 2 is correct: According to Section 105E(3), any order of seizure or attachment made by a police officer shall have no effect unless it is confirmed by an order of the Court within a period of thirty days of its being made.