CrPC 85 — Release, sale and restoration of attached property

Code of Criminal Procedure, 1973

Statutory text

(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.

Back to CrPC