Code
(1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of section 105E or under section 105H in such manner and subject to such conditions as may be specified by the Central Government.
(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government.
Explanation
This section lays down the procedures for managing seized or forfeited properties. It states that:
- The property shall be kept in the custody of the officer who seized it, or in the custody of such other person as the Magistrate may direct.
- The Magistrate may order the property to be sold, if it is perishable or if its preservation would involve considerable expense.
- The proceeds of the sale of such property, after deducting the expenses of sale, shall be deposited in the treasury.
- If the property is not perishable, the Magistrate may order it to be kept in safe custody until it is disposed of by a competent court.
- The Magistrate may also order that the property be handed over to the person entitled to it, if the court has acquitted the accused or has discharged him from the charge.
Illustration
Suppose the police seize a car during a drug trafficking investigation. This car would fall under the purview of Section 105F. The police would be responsible for its custody until a court decides its fate. If the car is deemed to be linked to the crime, the court might order its forfeiture. The Magistrate could then decide to sell the car, deposit the proceeds in the treasury, or keep it in safe custody until the court decides its final disposition.
Common Questions and Answers
Q: What happens to the property if the accused is acquitted?
A: The property will be returned to the person entitled to it.
Q: Can the Magistrate order the sale of a non-perishable property?
A: Yes, the Magistrate can order the sale of a non-perishable property if it is deemed necessary.
Q: Who is responsible for the safe custody of the property?
A: The officer who seized the property, or another person appointed by the Magistrate.
