Procedure when no claimant appears within six months
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Summary
When no one claims property within six months and the person in whose possession it was found cannot prove lawful acquisition, the Magistrate may direct that the property be placed at the disposal of the State Government and sold. The sale proceeds are to be dealt with as prescribed. An appeal lies to the court that ordinarily hears appeals from that Magistrate.
Example
Ravi finds a locked trunk in his shop and no one claims it for six months. Ravi cannot prove he acquired it legally. The Magistrate may order the trunk to be handed to the State Government and sold, with proceeds dealt with as prescribed. Ravi may appeal to the usual appellate court for that Magistrate.
Bare Act
Enacted text(1) If no person within such period establishes 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.
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