Power to sell perishable property
AI Assist
Summary
Where the person entitled to possession is unknown or absent and the property is perishable, or if the magistrate thinks selling it will benefit the owner, or its value is less than five hundred rupees, the magistrate may order it sold. The order can be given at any time. The net proceeds of the sale are to be dealt with, as nearly as practicable, under sections 457 and 458.
Example
Ravi, a fruit vendor, is away and his stall goods are seized by police. Because the owner is absent and the stock will spoil, the magistrate orders the perishable fruit sold. The magistrate directs that the net proceeds be handled under the usual provisions for seized property (sections 457 and 458).
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 five hundred rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
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