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.
PROCLAMATION AND ATTACHMENT
Section 85 of CRPC 1973 - 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