Section 105E of CrPC : Section 105E: Seizure or attachment of property.
CrPC
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Explanation using Example
Example 1:
Scenario: A police officer is investigating a case of money laundering involving a businessman in Mumbai. During the investigation, the officer discovers that the businessman owns several properties, including a luxury apartment in South Mumbai and a farmhouse in Lonavala. The officer has credible information that the businessman is planning to sell these properties to avoid them being seized by the authorities.
Application of Section 105E:
- The officer, believing that the properties are likely to be concealed or transferred, issues an order to seize the luxury apartment and the farmhouse.
- Since the farmhouse is located in a remote area and immediate physical seizure is not practical, the officer issues an attachment order, preventing the businessman from selling or transferring the farmhouse without prior permission.
- The officer serves a copy of the seizure and attachment orders to the businessman.
- Within 30 days, the officer presents the case to the court to confirm the seizure and attachment orders.
- The court reviews the evidence and confirms the orders, ensuring that the properties cannot be disposed of during the ongoing investigation.
Example 2:
Scenario: An enforcement officer is investigating a case of tax evasion by a prominent jeweler in Delhi. The officer finds that the jeweler has several bank accounts and a large stock of gold and diamonds. The officer suspects that the jeweler might transfer the funds and assets to foreign accounts to evade seizure.
Application of Section 105E:
- The officer, suspecting that the jeweler might conceal or transfer the assets, issues an order to seize the bank accounts and the stock of gold and diamonds.
- The officer also is...
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