how to get seized property released from ACB officials
25-Feb-2023 (In Criminal Law)
The legal heirs should make an application to the magistrate under Section 457 of the Criminal Procedure Code seeking return of seized assets.
In your case, since the case has abated on account of the demise of deceased(sec 394 of cr.p.c), you should apply under section 457 of Cr.p.c (sections such as 452 are NOT applicable in your case).
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Yugandharrekadi
Sir, If the Accused Officer is died after charge sheet was filed in court , what about seized properties return to the legal heirs. All the properties will be
Reply by LawRato
The legal heirs of the deceased accused would have to file an application under Section 452 CrPC since upon the death of the accused, the case against him will abate. Section 452 CrPC is a provision that deals with the order for the disposal of property at the conclusion of the trial. It empowers the court to make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of the case property or document produced before it or in its custody. The court may order the delivery of any property to any person on such conditions as it thinks fit.
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