Power to sell perishable property
AI Assist
Summary
When perishable property in official custody has no known or present owner, or when a Magistrate thinks selling it will benefit the owner, or when its value is under ten thousand rupees, the Magistrate may order it sold. The sale can be ordered at any time to prevent speedy decay or loss. The net proceeds are to be dealt with under sections 503 and 504 as far as practicable.
Example
Priya reports a seizure of fruits that will rot and the owner cannot be found. The Magistrate may direct an immediate sale to stop spoilage, and the net proceeds will be handled under sections 503 and 504.
Bare Act
Enacted textIf 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 thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
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