Attachment of Property -- Non-Accused Third Party -- Attachment without statutory notice to affected person is impermissible
Bharatiya Nagarik Suraksha Sanhita, 2023, S.107 -- Attachment of Property -- Non-Accused Third Party -- Attachment of property requires sequential executive and judicial scrutiny, including independent approval of a senior police officer and a two-stage assessment by the Magistrate before and after notice to the affected person. Service of notice upon the accused alone does not satisfy this requirement where the property stands in the name of a person who is not an accused, and such attachment without notice to the affected person cannot be sustained.
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