The Supreme Court of India has specified that a delay on the part of the police to report seizure to the magistrate is a procedural lapse and does not vitiate the seizure itself.

The forthwith reporting of the seizure to the magistrate is a mandate U/s 102(3) of CrPC.There was a conflcit of opinion between different judgments regarding the impact of a delay in reporting of the seizure to the magistrate.

The answer is found in Chapter XXXIV of CrPC which deals with,”Disposal of Property”.The Supreme Court referred to Sections 457 and 459 of CrPC.

“The pre-requisite for exercising powers under Section 102(1) is the existence of a direct link
between the tainted property and the alleged offence. It is essential that the properties sought to be seized under Section 102(1) of the Cr.P.C. must have a direct or close link with the commission of offence in question.”

Just like delay in filing of FIR is not a ground for quashing the FIR, a delay in reporting the seizure to the magistrate would not vitiate the seizure.

SHENTO VARGHESE …APPELLANT
VERSUS
JULFIKAR HUSEN & ORS. …RESPONDENTS decided by the Supreme Court on May 13, 2024.



By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.