Supreme Court Case(3) Italian Ship case: Weapon of crime can be seized, but not ship under Sec.102 of Cr.PC.

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Law is similar to piegeon holes box. Every action has to fit under some provision of law.

Indiscriminate fire was opened from an Italian Ship. Two innocent Indian fisherman died.

On 26.2.2012 Police directed that the ship is not to sail without prior permission.

LAW RELATING TO POWER OF POLICE TO SEIZE THE SHIP

Sec.102 of Code of Criminal Procedure gives police certain powers to seize property.

The Property can be seized, if (a) It is a stolen property (b) if it is suspected to be a stolen property or (c) The Property is Object of Crime under investigation.

In case of M.T. Enrica Lexie v/s Doramma 2012(5)SCALE 134 on page 138, Supreme Court noted,

“The Police officer in course of investigation can seize any property under Sec.102if such property is alleged to be stolen or is suspected to be stolen or is the object of crime under investigation or has direct link with the commission of offence for which the police officer is investigating into.”

In this case, a question was put to counsel whether the ship was object of the crime. The counsel answered in negative. The counsel further said that ship is not further required for investigation.

Supreme Court therefore allowed ship to sail after putting heavy conditions.

Haresh Raichura
16th June,2012

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