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:

  1. The officer, believing that the properties are likely to be concealed or transferred, issues an order to seize the luxury apartment and the farmhouse.
  2. 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.
  3. The officer serves a copy of the seizure and attachment orders to the businessman.
  4. Within 30 days, the officer presents the case to the court to confirm the seizure and attachment orders.
  5. 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:

  1. 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.
  2. The officer also is...

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