Gujarat High Court Criminal Manual (subordinate court practice), 1977
Rules regarding execution of warrants for levy of penalty of Bonds, issued by Government of Gujarat are reproduced for reference. The rules are saved under section 484, Code of Criminal Procedure, 1973. (4) Method of attachment : (1) The attachment of moveable property belonging to the person bound by the bond shall be made by seizure ; Provided that, where, in addition to or in lieu of seizure, the Police Officer considers that either or both the methods referred to in clauses (b) and (c) of sub-section (2) of section 88 of the Code, should be adopted, he shall obtain an order to that effect from the Court issuing the warrant. (2) When the method referred to in clause (b) of sub-clause (3) of Section 88 of the Code is adopted, and receiver is appointed, the Court may confer on the receiver all or any of the powers which may be conferred on a receiver appointed by a Civil Court under order XL, Code of Civil Procedure, 1908, and his duties and liabilities shall be the same as the duties and liabilities of a receiver so appointed. (5) Procedure when property to be attached belongs to co-owners : Where the property to be attached consists of the share or interest of the person bound by the bond is moveable property belonging to him and another as co-owner, the attachment shall be made, by a notice to the person so bound prohibiting him from transferring the share or interest or charging it in any way, after obtaining an order to that effect from the Court issuing the warrant. (6) Delivery of warrant to person concerned before attaching property : Before making the attachment the Police Officer shall deliver or tender a copy of the warrant to the person bound by the bond or in his absence to any adult member of his family. If a copy cannot be delivered or tendered, the Police Officer shall affix a copy of the warrant at some conspicuous place where the property to be attached is found; and if the property is situated in a village, the fact of attachment should be proclaimed by beat of drum. After making the attachment, the Police Officer shall, in like manner, deliver, tender or affix, as the case may be, an inventory of the property attached. (7) Sale of attached property.—If no claim is preferred to any property attached, within one month from the date of the attachment, by any person other than the person bound by the bond, the Police Officer executing the warrant shall have power to sell, within the time mentioned in the warrant and without previous reference to the Court issuing the warrant, the property or such portion thereof as may be sufficient to satisfy the amount to be recovered ; Provided that if the property attached consists of livestock or is subject to speedy or natural decay or if in the interest of the owner the Court issuing the warrant orders its immediate sale, the Police Officer may sell it at once, but the proceeds of the sale shall not be appropriated towards the recovery until the expiration of one month from the date of the attachment and until any claim preferred under rule 8 has been disposed of ;