Criminal seizure of vessel limited to property linked to the offence, with departure allowed once detention was no longer necessary.

Section 102 CrPC permits seizure only where property is alleged or suspected to be stolen, found in suspicious circumstances, or otherwise directly connected with the offence under investigation. On the stated facts, the vessel was not shown to be the object of the crime, and the State accepted that its continued detention was no longer necessary. The restraint on sailing could therefore not continue, although safeguards were imposed through undertakings by the master, owner and shipping agent, a bond by the owner, and reliance on assurances concerning the crew. The vessel was permitted to depart subject to those conditions.

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Issues: Whether the vessel could be permitted to leave Indian waters when the State itself stated that its detention was no longer required, and whether the seizure and continued retention of the vessel could be sustained under the Code of Criminal Procedure.

Analysis: Section 102 of the Code authorises seizure only of property alleged or suspected to have been stolen or found in circumstances creating suspicion of an offence, or property having a direct nexus with the offence under investigation. On the facts, the vessel was not shown to be the object of the crime, and the State accepted that its continued detention was no longer necessary. The Court therefore held that the earlier direction restraining the vessel from sailing could not stand. At the same time, safeguards were imposed to secure the presence of the crew and the vessel when required, including undertakings by the master, the owner and the shipping agent, a bond by the owner, and acceptance of the assurance given by the Republic of Italy regarding the four marines.

Conclusion: The vessel was permitted to commence its voyage, subject to the stipulated undertakings, bond and assurances, and the investigation was held not to be an impediment to its departure.

Ratio Decidendi: Property can be retained under Section 102 only when it falls within the statutory categories connected with the offence under investigation, and once the detaining authority accepts that such retention is unnecessary, the restraint cannot continue, though suitable safeguards may be imposed to secure the investigation.

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