CrPC Section 459: Power to Sell Perishable Property

This section of the Code of Criminal Procedure (CrPC) empowers a Magistrate to order the sale of perishable property seized in connection with a criminal case.

Explanation

Section 459 states that if any property seized in a criminal case is perishable, the Magistrate can order its sale if:

• It is likely to deteriorate or become unsaleable.
• Its preservation would cause unreasonable expense.

The Magistrate must first give the owner of the property an opportunity to be heard before ordering its sale. The proceeds from the sale are then kept in the custody of the Magistrate, to be disposed of in accordance with the law.

Illustration

Imagine a case where a police raid on a warehouse results in the seizure of large quantities of perishable fruits and vegetables. The Magistrate, upon determining that these goods are likely to rot and become unsaleable, could order their sale under Section 459. The proceeds from the sale would then be held by the Magistrate until the final outcome of the case.

Common Questions and Answers

Q: What is considered “perishable property”?

A: Perishable property refers to goods that deteriorate or become unsaleable quickly, such as fresh produce, flowers, meat, and certain types of manufactured goods with short shelf lives.

Q: Can the owner of the property object to the sale?

A: Yes, the owner has the right to be heard before the Magistrate orders the sale. They can present arguments against the sale and seek alternative solutions for preserving the property.

Q: What happens to the proceeds from the sale?

A: The Magistrate holds the proceeds until the final outcome of the case. If the owner is found innocent, they will be entitled to the proceeds. If the owner is convicted, the proceeds may be used to compensate the victim or confiscated by the state.