Procedure by police upon seizure of property
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Summary
When seized property is reported to a Magistrate and is not produced before a Criminal Court during inquiry or trial, the Magistrate may order its disposal, deliver it to the person entitled to possession, or decide its custody and production. If the entitled person is known, the Magistrate may deliver the property on such conditions as he thinks fit. If the person is unknown, the Magistrate may detain the property and issue a proclamation calling claimants to appear within six months.
Example
Ravi's laptop was seized by police during a theft investigation and was not produced during the trial. The Magistrate may order the laptop returned to Ravi on any conditions, or if no owner can be identified, detain it and issue a proclamation asking anyone with a claim to come forward within six months.
Bare Act
Enacted text(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such properly to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
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