Code
(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.
(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.
Explanation
This section governs the following aspects related to attached property:
- Release of Property: The court may order the release of attached property if it determines that it is not required for the investigation or trial.
- Sale of Property: If the property is perishable or its continued attachment causes undue hardship, the court may order its sale. The proceeds from the sale are deposited into court.
- Restoration of Property: Upon the acquittal of the accused or the termination of the proceedings, the court orders the restoration of the attached property to the owner, subject to certain conditions.
Illustration
Imagine a case where a person is accused of stealing a car. The police attach the car as evidence. If the accused is acquitted or the charges are dropped, the court will order the car’s restoration to the owner under Section 85 CrPC.
Common Questions and Answers
Q: Who can apply for the release of attached property?
A: The owner of the property, the accused, or any other person having a legitimate interest in the property can apply for its release.
Q: What are the grounds for release of attached property?
A: The court may order the release if it finds that the property is not required for the investigation or trial, or if its continued attachment would cause undue hardship.
Q: What happens to the proceeds from the sale of attached property?
A: The proceeds are deposited into court and are subject to the court’s orders. They may be used to compensate the victim or to cover the costs of the investigation or trial.
