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Vinod Kumar   08 August 2022

Judicial magistrate has the power auction/sale the attached property of po

Did the judicial Magistrate has the power to auction/sale the attached property of proclaimed offender(absconded under 138 of NI Act) in criminal law?



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 2 Replies

Anusha Sharma   09 August 2022

According to Section 83 of the CrPC, the court that issues the proclamation may seize any of the individual's moveable or immovable property if it has grounds to believe (based on an affidavit or other proof) that the person is attempting to:

i.      dispose of the immovable property; or 

ii.     is going to transfer the immovable property either entirely or partially, to an area outside the local jurisdiction of the concerned Court.

 

When the person who was absconding does not present himself/herself before the Court within the time stipulated in the proclamation, the attached property goes under the disposal of the State Government. However, the State Government cannot sell the attached property for a period of six months from the date of such attachment and until any claim preferred or objection made with respect to the attached property is disposed of.

The only exception to this would be perishable goods. In cases when the attached property consists of perishable goods, the Court issues an order for sale of perishable goods or other goods which it deems fit on the assumption that it is for the benefit of the owner of the attached property.

1 Like

Vinod Kumar   09 August 2022

Thank You Anusha Sharma For Your Kind Help.....!!!


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