Supreme Court To Decide: Can Property Of Person Accused Under Prevention Of Corruption Act Be Seized Or Frozen Under Section 102 Of Crpc?

However, the respondent's bank accounts were frozen by invoking Section 102 of Code of Criminal Procedure, CrPC; it set aside the impugned order and directed de-freezing of the said accounts.

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The Supreme Court in the case The State Of West Bengal Versus Anil Kumar Dey Sarkar observed and is set to decide the issue as to whether Section 102 of Code of Criminal Procedure, CrPC, which deals with police officer's power to seize certain property, shall apply to a criminal case registered under the Prevention of Corruption Act.

The bench comprising of Justice Sanjay Karol and Justice PK Mishra was hearing the present matter. The bench in its order passed in the petition filed by the State of West Bengal stated that the petitioner has raised an interesting issue with regard to the exercise of the power by the enforcement agencies under the provision of section 102 of the Code of Criminal Procedure, Cr.P.C. in cases arising out of the provisions of Prevention of Corruption Act.