What is Procedure where no claimant appears within six months? What is Power to sell perishable property? Section 458 and 459 of Code of Criminal Procedure 1973

Procedure where no claimant appears within six months and Power to sell perishable property are defined under Section 458 and 459 of CRPC 1973. Provisions under these sections are:

 

 

 

Section 458 of CRPC "Procedure where no claimant appears within six months"

(1) If no person within such period establish his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may, by order direct that such property shall be at the disposal of the State Government, and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

 

Section 459 of CRPC "Power to sell perishable property"

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold, and the provisions of Sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

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