(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.
Explanation:
This section empowers a Magistrate to seize or attach property if there is reason to believe that:- The property is the subject matter of an offence.
- The property is likely to be concealed or disposed of.
- The property is likely to be used to commit an offence.
Illustration:
A person is accused of stealing a car. The Magistrate has reason to believe that the stolen car is being concealed at a particular location. The Magistrate can order the seizure of the car under Section 105E.Common Questions and Answers:
Q: What are the grounds for seizure or attachment under Section 105E?
A: The grounds are mentioned in the section itself, and include:-
- Property being the subject matter of an offence.
- Property being likely to be concealed or disposed of.
- Property being likely to be used to commit an offence.
- Property being likely to be used to prevent the execution of any order.
Q: Who can order the seizure or attachment?
A: The order can be made by a Magistrate. Q: What are the consequences of seizure or attachment?** A: The property is taken into custody and cannot be disposed of until the court decides its fate.
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