D—Miscellaneous
102. Power of police officer to seize certain property—
(1)
Any police officer may seize any property which may be alleged or suspected to
have been
stolen,
or which may be found under circumstances which create suspicion of the
Commission of
any
offence
(2)
Such police officer, if subordinate to the officer in charge of a police
station, shall forthwith
report
the seizure to that officer
(3)
Every police officer acting under sub-section (1) shall forthwith report the
seizure to the
Magistrate
having jurisdiction and where the property seized is such that it cannot be,
conveniently
transported to the Court, he may give custody thereof to any person on his
executing
a bond undertaking to produce the property before the Court as and when
required and
to
give effect to the further orders of the Court as to the disposal of the same
Comment
The
bank account of the accused or any of his relation to `property' within the
meaning of section
102
of Criminal Procedure Code and police officer in course of investigation can
seize the
operation
of said account if such assets have direct link with the commission of offence
for
which
the police officer is investigating into; State
of Maharashtra v Tapas D Neogy, 1999 (7)
SCC
685: 1999 (5) Scale 613: 1999 (7) JT 92: 1999 (8) Supreme 149
103. Magistrate may direct search in his presence
Any
Magistrate may direct a search to be made in his presence of any place for the
search of
which
he is competent to issue a search warrant
104. Power to impound document, etc, produced
Any
Court may, if it thinks fit, impound any document or thing produced before it
under this
Code
105. Reciprocal arrangements regarding processes
(1)
Where a Court in the territories to which this Code extends (hereafter in this
section referred
to
as the said territories desires that—
(a)
a summons to an accused person, or
(b)
a warrant for the arrest of an accused person, or
(c)
a summons to any person requiring him to attend and produce a document or other
thing,
or to produce it, or
(d)
a search-warrant, issued by it shall be served or executed at any place,—
(i)
within the local jurisdiction of a Court in any State or area in India outside
the
said
territories, it may send such summons or warrant in duplicate by post or
otherwise,
to the presiding officer of that Court to be served or executed; and
where
any summons referred to in clause (a) or clause (c) has been so served, the
provisions
of section 68 shall apply in relation to such summons as if the
presiding
officer of the Court to whom it is sent were a Magistrate in the said
territories;
(ii)
in any country of place outside India in respect of which arrangements have
been
made by the Central Government with the Government of such country or
place
for service or execution of summons or warrant in relation to criminal
matters
(hereafter in this section referred to as the contracting State), it may send
such
summons or warrant in duplicate in such form, directed to such Court, Judge
or
Magistrate, and sent to such authority for transmission, as the Central
Government
may, by notification, specify in this behalf
(2)
Where a Court in the said territories has received for service or execution—
(a)
a summons to an accused person, or
(b)
a warrant for the arrest of an accused person, or
(c)
a summons to any person requiring him to attend and produce a document or other
things
or to produce it, or
(d)
a search-warrant, issued by—
(i)
a Court in any State or are in India outside the said territories;
(ii)
a Court, Judge or Magistrate in a contracting State, it shall cause the same to
be
served or executed as if it were a summons or warrant received by it from
another
Court in the said territories for service or execution within its local
jurisdiction;
and where—
(i)
a warrant of arrest has been executed, the person arrested shall, so far
as
possible, be dealt with in accordance with the procedure prescribed by
sections
80 and 81;
(ii)
a search warrant has been executed, the things found in the search
shall,
so far as possible, be dealt with in accordance with the procedure
prescribed
by section 101:
Provided
that in a case where a summons or search warrant received from
a
contracting State has been executed, the documents or things produced or things
found in the
search
shall be forwarded to the Court issuing the summons or search warrant through
such
authority
as the Central Government may, by notification, specify in this behalf
