Seizure or attachment of property
AI Assist
Summary
If an investigating officer reasonably believes property connected to an inquiry may be hidden, moved or sold, the officer can order its seizure. If seizure is not practicable, the officer can order attachment to prevent transfer without the officer's prior permission, and must serve a copy on the person. The order works only if the court confirms it within 30 days.
Example
Ravi runs a small electronics shop under inquiry for alleged sale of counterfeit parts. The investigating officer believes Ravi will move or sell the stock to avoid action, so the officer orders attachment preventing any transfer without permission and serves a copy on Ravi. That attachment will be effective only if the court confirms it within 30 days.
Bare Act
Enacted text(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.
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