PROCEDURE FOR DISPOSAL OF PROPERTY AFTER EXPIRY OF APPEAL
PERIOD
1. If the property is still pending even after the expiry of appeal time, a notice as in the form no 61, of Criminal Rules of Practice (The form shall contain the date of appearance and the next date of course of action) shall be served on the person to whom property is ordered to
be returned.
2. Such notice shall indicate the date on or before which the person has to appear before the court and it shall also contain a warn to the claimant if he does not appear by the specified date, then the property shall be confiscated to the state.
3. The police shall be strictly directed to see that the notices are served at least one week in advance and file the reports before the court.
4. If no one appears before the court within the given date in notice to claim the property, then a note shall be put up by the clerk and a suitable order shall be passed by the concerned Magistrate.
5. In case of unclaimed property, the ownership or legal possession of it cannot be traced by the police and no complaint is received with regard to such property. 6. Such unclaimed property has to be disposed-off as per the procedure provided Under Section 457,458 and 459 Criminal Procedure Code.
7. Before disposing the unclaimed property the concerned Magistrate has to take the below steps:
i) The officer should see the steps taken by the police to trace any complaint regarding such property is satisfactory.
ii) he should also ascertain whether there is any person entitled to the possession of the property.
iii) he should issue a proclamation u/sec 457 Criminal Procedure Code as in Form No.62, If no person is ascertained with regard to unclaimed property.
iv) Such Proclamation may be carried on by affixture before the court by the police and the places where the property was seized and some conspicuous place of the town and by way of tomtom.
v) Such report of due proclamation shall be submitted by the police before the court and the court shall wait until six months from the date of proclamation actually made.
vi) After expiry of six months, no claimant appears ,then the court shall pass the orders for disposing such property in any one of the modes provided under the Criminal Procedure Code and Civil Rules of Practice.
vii) All such property orders passed from time to time have to be entered in the registers
concerned.