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TMI Blog1990 (9) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... riminal Procedure Code read with Section 401, Criminal Procedure Code, the petitioner has challenged the order dated 8-8-90 passed by the Special Judge Assam and letters dated 8-5-90 of the Inspector (CBI) Gauhati in Crime Case No. RC 23/89 SHG under Sections 120-B and 409. Indian Penal Code and Section 5(2), PC Act. 2. Facts - The Inspector (CBI) Gauhati wrote letters dated 8-5-90 to the Manager ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Mr. J. M. Choudhury, the learned counsel for the petitioner has submitted that a police officer has no jurisdiction to pass an order prohibiting a bank with which an accused has an account and a locker not allowing to operate them. The learned counsel has placed reliance on the decision in Textile Traders Syndicate v. State of U.P. AIR 1960 Allahabad 405. 4. Section 102, Criminal Procedure Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the same." 5. Under Section 102, the police officer has to report the seizure to the magistrate concerned, and if the property seized cannot be conveniently transported to the Court, the police officer may give custody thereof to any person on his executing a bond undertaking to produce the properties before the Court as and when required. Section 451, Criminal Procedure Code provides for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e accused has an account and a locker, not to pay any amount out of the account of the accused to the accused and not to allow the accused to take away property from the locker is not seizure under section 102, Criminal Procedure Code as the 'seizure', as contemplated under Section 102, Criminal Procedure Code is an act of taking possession of the property in fact, and as such no such orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e account of the accused to the accused until further order. 7. I respectfully agree with the decision of the Allahabad High Court cited above. For the reasons stated above, the impugned order of the Special Judge and the orders of the police officer (CBI) are hereby quashed. However, considering the facts and circumstances of the case, in the case of lockers, if there is any article which may be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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