CHAPTER XLIII
OF THE DISPOSAL OF PROPERTY
[516A. Order for custody and disposal of property pending trial in certain cases. When any
property regarding which any offence appears to have been committed, or which appears to have been used
for the commission of any offence, is produced before any Criminal Court during any inquiry or trial, the
Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of
the inquiry or trial, and, if the property is subject to speedy or natural decay, may, after recording such
evidence as it thinks necessary, order it to be sold or otherwise diposed of [:]2
1
[Provided that, if the property consists of explosive substance, the Court shall not order it to be sold or
handed over to any person other than a Government department or office dealing with, or to an authorised
dealer in, such substances [:]4
3
4[Provided further that if the property is a dangerous drug, intoxicant, intoxicating liquor or any other
narcotic substance seized or taken into custody under the Dangerous Drugs Act, 1930 (II of 1930), the
Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979), or
any other law for the time being in force, the Court may, either on an application or of its own motion and
under its supervision and control, obtain and prepare such number of samples of the property as it may deem
fit for safe custody and production before it or any other Court and cause destruction of the remaining
portion of the property under a certificate issued by it in that behalf :
Provided also that such samples shall be deemed to be whole of the property in an inquiry or
proceedings in relation to such offence before any authority or Court."]
517. Order for disposal of property regarding which offence committed.(1) When an inquiry or a
trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal 5[by
destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or
otherwise] of any property or document produced before it or in its custody or regarding which any offence
appears to have been committed, or which has been used for the commission of any offence.
(2) When a High Court or Court of Session makes such order and cannot through its own officers
conveniently deliver the property to the person entitled thereto, such Court may direct that the order be
carried into effect by the 6[District Officer (Revenue)].
[(3) When an order is made under this section such order shall not, except where the property is
livestock or subject to speedy and natural decay, and save as provided by subsection (4), be carried out for
one month, or, when an appeal is presented, until such appeal has been disposed of.
7
1 Section 516A ins. by Act 18 of 1923, s. 141.
2 Subs. by the Criminal Laws (Amdt.) Ordinance, 1981 (33 of 1981), s.3, for “full stop”.
3 Proviso added ibid.
4 Subs. & added. by Act. VII of 1993, s.3.
5 Ins. by the Code of Criminal procedure (Amdt.) Act, 1923 (18 of 1923), s. 142.
6 Subs. and added by Ord. 37 of 2001, S. 73 (w.e.f 1482001).
7 Subsection (3) and (4) ins. ibid.
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