State of Jammu & Kashmir vs Surain Singh Langeh - S.102 CrPC - Immovable Property

Do Police have the power to attach, seize and seal an immovable property under Section 102 CrPC?

Code of Criminal Procedure 1973 - Section 102 - The power of a police officer under Section 102 of the Code to seize any property, which may be found under circumstances that create suspicion of the commission of any offence, would not include the power to attach, seize and seal an immovable property - Referred to Nevada Properties Private Limited vs State of Maharashtra (2019) 20 SCC 119 : 2019 INSC 1077. (Para 7-9)

Case Info

Case Name and Neutral Citation

  • Case Name: State of Jammu and Kashmir vs Surain Singh Langeh
  • Neutral Citation: Not explicitly provided in the document. The case is referenced as “CRIMINAL APPEAL NO.1122 OF 2011” and “CRIMINAL APPEAL NO.1487 OF 2019” (for the related Maharashtra case).

Coram

  • Judges:
    • Hon’ble Mr. Justice Rajesh Bindal
    • Hon’ble Mr. Justice Manmohan

Judgment Date

  • Date: July 23, 2025

Caselaws and Citations


Cited Judgments

  1. State of Maharashtra v. Tapas D. Neogy
    • Citation: (1999) 7 SCC 685 : 1999 INSC 417
  2. Nevada Properties Private Limited, Through its Directors vs State of Maharashtra and another
    • Citation: (2019) 20 SCC 119 : 2019 INSC 1077
  3. Sudhir Vasant Karhataki vs State of Maharashtra & others
    • Citation: 2011 All.M.R. (CRI.) 96
  4. State of Maharashtra & others vs Sudhir Vasant Karhataki etc.
    • Citation: Criminal Appeal No(s).1482-85 of 2019
  5. Other Related Appeals
    • Criminal Appeal No.1481 of 2019
    • Criminal Appeal No(s).1481 and 86 of 2019 (Order dated 01.08.2022)

Statutes/Laws Referred

  • Ranbir Penal Code: Sections 420, 406, and 120-B
  • Code of Criminal Procedure (Cr.P.C.): Section 102