The Calcutta High Court quashed a property attachment order under Section 107 of the BNSS, citing non-compliance with mandatory notice requirements and lack of a recorded reason to believe.
Calcutta High Court Quashes BNSS Property Attachment Order
The Calcutta High Court has set aside a property attachment order issued under Section 107 of the BNSS, ruling that the authorities failed to comply with the statutory requirements regarding notice and did not provide a reason to believe that the conditions for attachment were met.
The court specifically noted that the requirement for a mandatory notice serves to protect the rights of the individuals concerned and that mere suspicion cannot substitute for a solid basis of belief. The lack of an adequate reason to believe that the property was subject to attachment is a key deficiency highlighted by the court.
This ruling is significant for legal practitioners dealing with cases involving property attachments under the BNSS. It underscores the necessity of adhering to procedural requirements and ensuring that all actions taken by authorities have a clear and documented rationale.
Citations
- XYZ v. State (2026) Cal HC
