Code
Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.
Explanation
When property is seized during a criminal investigation, the owner can apply for its restoration if they believe it’s not connected to the crime. If the Magistrate rejects this application, the owner has the right to appeal this decision under Section 86.
This section outlines the following:
- Who can appeal: The owner of the property or their authorized representative can file the appeal.
- Where to appeal: The appeal is filed with the Sessions Court, which is the court above the Magistrate who rejected the application.
- Time limit: The appeal must be filed within 30 days of the order rejecting the application.
- Procedure: The appeal is heard by the Sessions Court, which can confirm, modify, or set aside the Magistrate’s order.
Illustration
Imagine a person’s car is seized by the police during an investigation into a theft case. The owner believes the car is not involved and applies for its restoration. If the Magistrate rejects this application, the owner can appeal this decision under Section 86 of the CrPC.
Common Questions and Answers
Q: What happens if the appeal is successful?
A: If the Sessions Court finds the Magistrate’s order to be incorrect, they can order the restoration of the property to the owner.
Q: Is there any time limit for filing an appeal?
A: Yes, the appeal must be filed within 30 days of the order rejecting the application.
Q: Can the owner appeal directly to the High Court?
A: No, the appeal must first be filed in the Sessions Court. Only after the Sessions Court’s decision can the owner appeal to the High Court.
