CrPC Section 105F: Management of Seized or Forfeited Properties

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CrPC Section 105F: Management of Seized or Forfeited Properties

This section of the Code of Criminal Procedure (CrPC) deals with the management of properties seized or forfeited during the course of a criminal investigation or trial.

1. Code

CrPC Section 105F: Management of Seized or Forfeited Properties

2. 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.

3. 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.

Also Read  CrPC Section 227: Discharge Under Code of Criminal Procedure

4. 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.

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