Matlab 2019a keeps freezing
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Enforcement Officer, the police authorities had seized a bag containing 789 currency notes of Rs 100, the Division Bench of the Karnataka High Court after interpreting Section 550 of old CrPC held that the seizure of the currency notes was completely lawful. The Court held in favour of the police and held the seizure of money valid. Emperor, the police caught the convicts with money in their possession based on information received on the engagement of illegal trade, thereafter police acted under Section 550 of old CrPC (equivalent Section 102) and seized money which was in possession of the convicts. The first facet deals on the issue of bank account being “seized” by the police under Section 102 CrPC held valid. Seizure of bank account/money held as legal Since there are two sides of the same coin similarly there are two facets on the aspect of the seizure power of the police authorities to seize bank account under the ambit of Section 102. Therefore, the police authorities have power to seize a property under the ambit of Section 102 but they do not have the power to retain or impound that property. CBI wherein the Court held that a seizure of a property is something which must be made on a specific moment when the person/authority obtains the possession of the property who was earlier not in possession of the property whereas the impounding of property or document takes place when the property is retained for a certain time. Seizure of a property and impounding of a property are two distinct categories which is elaborately discussed by the Supreme Court in Suresh Nanda v. Any property which is not under the suspicion of commission of offence and which is being investigated by the police authorities cannot be seized by police under the ambit of Section 102. ( a) property which is stolen or suspected to be stolen and ( b) the property directly linked to crime. Doramma ( Italian marines case) wherein the Court interpreted the following conditions to be construed as a property i.e. The kinds of property which can be seized by the police under Section 102 was examined by the Supreme Court in M.T. Neogy wherein the Court observed the conditions as: ( a) there must be a “property” and ( b) in respect of that “specific property” there must be a suspicion of commission of any offence. The two mandatory conditions for the applicability of Section 102 CrPC were discussed by the Supreme Court in State of Maharashtra v.
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cognizable or non-cognizable because the investigating officer is obligated to report to the Magistrate about the seizure of the property and if the property cannot be furnished to the court then the police authorities shall give that property to any person who promises to execute a bond for providing the property before the court as and when the Magistrate directs.
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Therefore, Section 102(3) balances the power of police authorities to seize any property irrespective of the nature of the offence i.e. The term “any offence” and “any property” opens the wide gates for the police officer to seize any property under the suspicious circumstances under any statute.
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Section 102(2) obligates the investigating officer to report the seizure of property to the officer-in-charge of the police station, if the investigating officer is subordinate to the officer-in-charge. The seizure power of police is discretionary in nature as the word “may” is preferred by the legislature instead of “shall”. Section 102(1) provides power to any police officer irrespective of his rank to seize any property which forms a suspicion for commission of an offence. A perusal of Section 102 of Criminal Procedure Code, 1973 expounds about the powers inherited by the police authorities to seize certain property.