Limits of Seizure of Immovable Property by Police – Section 102 Cr PC & Section 4 MPID Act
MPID Act – Freezing of bank accounts and immovable properties by IO
In 2023, the crime for offences under Sections 420, 409, 406 read with Section 34 of the IPC and Sections 3 & 4 of MPID Act, 1999, was registered against the petitioner. On 29.2.2024, the petitioner was released on bail on stringent conditions. The petitioner had complied with the conditions including amount deposited and land security of Rs.7.73 crores furnished to the Court.
By the order dated 1.8.2024, the IO of EOW, Dharashiv, had informed the Sub-Registrar, Dharashiv and frozen the immovable properties of the petitioner, including one not connected with the alleged offence and that too, without inform him or giving opportunity.
HELD that immovable property cannot be attached, sealed or frozen under Section 102 by a Police Officer. Any attempt to direct the Sub-Registrar to freeze land or make an endorsement on 7/12 extract is, therefore, without jurisdiction.
Even where a special statue like MPID Act is invoked, Cr PC applies only to the extent of not being inconsistent with the special enactment. Since the MPID Act provides its own procedure for attachment, the IO cannot bypass Section 4 and take resort to the provisions of Cr P.C.
Section 4 of MPID Act contemplates only provisional attachment by the Government and confirmation by the designated Court.
Judgment dated 16.9.2025 of the High Court of Bombay, Bench at Aurangabad, in Criminal writ Petition No.231 of 2025 with Criminal Application No.3556 of 2025 of Vijaykumar alias Vijay Sitaram Dandanaik Vs. The State of Maharashtra
