Section 107 of BNSS : Section 107: Attachment, forfeiture or restoration of property.
BNSS
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Explanation using Example
Example 1:
Scenario: A police officer is investigating a case of large-scale embezzlement by a corporate executive, Mr. Sharma. During the investigation, the officer discovers that Mr. Sharma has purchased a luxury villa in Goa using the embezzled funds.
Application of the Act:
- The police officer, with the approval of the Superintendent of Police, applies to the Magistrate for the attachment of the villa, believing it to be derived from the criminal activity.
- The Magistrate, after reviewing the application, issues a notice to Mr. Sharma, asking him to show cause within 14 days why the villa should not be attached.
- Mr. Sharma fails to respond within the specified period.
- The Magistrate, after considering the evidence and Mr. Sharma's non-response, passes an ex parte order for the attachment of the villa.
- The Magistrate then directs the District Magistrate to distribute the proceeds from the...
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