What is the procedure for release, sale and restoration of
attached property under Section 83 of CRPC? Section 85 of CRPC.
How to file appeal against rejection application for restoration
of attached property- Section 86 of CRPC
Section 85 of Code of Criminal Procedure 1973 has provision
regarding release, sale and restoration of attached property.
As per Section 85 (1) of CRPC 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 there from all costs incurred
in consequence of the attachment, be delivered to him.
How to file appeal against order rejecting application for
restoration? Section 86 of CRPC
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.