Code:
(1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.
Explanation:
This section empowers a Magistrate to seize or attach property if there is reason to believe that:
- The property is the subject matter of an offence.
- The property is likely to be concealed or disposed of.
- The property is likely to be used to commit an offence.
The Magistrate can also attach property if it is likely to be used to prevent the execution of any order made or to be made in any criminal proceeding.
Illustration:
A person is accused of stealing a car. The Magistrate has reason to believe that the stolen car is being concealed at a particular location. The Magistrate can order the seizure of the car under Section 105E.
Common Questions and Answers:
Q: What are the grounds for seizure or attachment under Section 105E?
A: The grounds are mentioned in the section itself, and include:
-
- Property being the subject matter of an offence.
- Property being likely to be concealed or disposed of.
- Property being likely to be used to commit an offence.
- Property being likely to be used to prevent the execution of any order.
Q: Who can order the seizure or attachment?
A: The order can be made by a Magistrate.
Q: What are the consequences of seizure or attachment?**
A: The property is taken into custody and cannot be disposed of until the court decides its fate.
