Section 102 CrPC seizure requires actual possession, so bank account freeze orders beyond that power were held illegal.

Section 102 CrPC requires actual seizure, meaning lawful taking of possession of property; a police direction to a bank prohibiting withdrawal from an account or removal of items from a locker does not amount to seizure and exceeds that power. On that basis, prohibitory orders restraining operation of the bank accounts were illegal and were quashed. As to locker contents, where articles found there may themselves be connected with an offence, police may take possession of the suspected articles in accordance with law.

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Issues: Whether a police officer can treat a bank account and locker as seized property under Section 102 of the Code of Criminal Procedure, 1973 and prohibit the bank from allowing the accused to operate the account or remove articles from the locker.

Analysis: Reading Sections 102, 451 and 457 of the Code of Criminal Procedure, 1973 together, seizure under Section 102 means actual taking possession of property in pursuance of legal process. A direction to a bank not to permit withdrawal from an account or removal of articles from a locker does not amount to seizure within that provision. The police officer therefore had no jurisdiction to issue such a prohibitory direction in relation to the bank account. In relation to lockers, where articles found therein may themselves be suspected to have been connected with an offence, lawful possession could be taken in accordance with law.

Conclusion: The prohibitory orders against operation of the bank accounts were illegal and were quashed. The police were left at liberty to take possession of suspected articles from the lockers in accordance with law within the time granted by the Court.

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