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Report No. 154

24. Power of police officer to seize certain property: Amendment of section 102

Do you agree with the suggestion that section 102 of the Code of Criminal Procedure should be amended on the following lines as provided under clause 14 of the Code of Criminal Procedure (Amendment) Bill, 1994:

In section 102 of the Principal Act-

(a) In sub-section (3), after the words "transported to the Court" the words "or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation" shall be inserted;

(b) After sub-section (3), the following proviso shall be added at the end, namely:

"Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 457 and 358 shall, as nearly as may be practicable, apply to the net proceeds of such sale"?

The Code of Criminal Procedure, 1973 Back

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