N.K.Assumi (Advocate) 20 February 2009

What will be the Offence if Police sezed property without reporting to the magistrate?

If Police Officer seized property without reporting to the magistrate and kept it in his residence, will it amount to theft? as the seizure memo or seizure list was never forwarded to the magistrate even after 20 days?

Reply Follow

5 Replies

PALNITKAR V.V. (Lawyer) 20 February 2009

If the property is kept at home without accounting it anywhere, that will amount to criminal misappropriation or criminal breach of trust.

N.K.Assumi (Advocate) 20 February 2009

What should be done by the owner of the seized property in such case?

AEJAZ AHMED (Legal Consultant/Lawyer) 20 February 2009

DEAR ASSUMI,

What do you mean by: “Police Officer seized Property without reporting to Magistrate "

Sec-102: Power of Police officer to seize property:

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.

As per me the Police Officer Acted rightly, but he failed to comply with :

Sec 102 (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.]

Second Part of your question is not clear about Seizure Memo & Seizure List.

Whether the Police Officer who seized the property, prepared the Seizure Memo & Seizure List?

So, as per me,

(a) It is not amount to ‘Theft ’, if the Police Officer who seized the property, prepared the Seizure Memo & Seizure List, but did not reported the same to the concerned Magistrate. Its only a ‘Criminal Mis-appropriation’.

(b) We can say it as a ‘‘Theft ’, if the Police Officer, who seized the property, neither prepared the Seizure Memo & Seizure List, nor reported the same to the concerned Magistrate.’

N.K.Assumi (Advocate) 21 February 2009

Consider this : If under 102,156,165 etc of the CrPc, report to magistrate is mandatory and was not done what will it be was the question. I am grateful to Planitkarji and Aejazji for your brilliant informations.