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how to get seized property released from ACB officials


25-Feb-2023 (In Criminal Law)
It is to inform a criminal case was registered under section 13(2) R/w 13(e) of the Prevention of corruption Act, 1988 against my husband on 08.11.2016 and he was arrested and released on bail on 25.11.2016 as he is accused on disproportionate of assets to his known source of income and he (A.O) died 12.12.2016 on car accident. At the time of ACB ride on 08.11.2016, the ACB officials are seized all movables, immovable and gold and cash and other valuable materials including FDS and Bank accounts for the tune of the valve around Rs.3 crores . In this connection it is requested to give legal position that the criminal case and how to get the seized assests released to legal heirs including the Apex court citations in this nature.
Answers (3)

Answer #1
672 votes
Hi
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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Answer #2
672 votes
whenever the A.O died the case against him shall abet at any stage . asper your question he was died during the course of investigation , at this stage the I.O shall filed a final report . you should filed a petition u/s 451crpc to get all your seized proparty. Kesher singh vs The state of Bhihar. the courts has power to return the proparty when the i.o filed rever chaln as the case is abetted the A.O as he died during the period of investigation.
Advocate Iqbal Ahamed Pasha

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Answer #3
638 votes
you need to file an application with the court stating that you shall produce each and every thing whenever needed and if the accused is died the case will be abated and you can realize the returns by producing the legal heir certificate
Advocate Innamuri Balasubramanyam

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Comments by Users

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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