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Police Act 2008 - Kerala Police

Police Act 2008 - Kerala Police

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38<br />

4. Where any property has been taken charge of under sub-section (1) the District<br />

<strong>Police</strong> Chief shall issue a proclamation specifying the details of the property and<br />

requiring that any person who may have a claim thereto may appear before an officer<br />

specified in the proclamation within 30 days from the date of such proclamation and<br />

establish his claim.<br />

5. The District <strong>Police</strong> Chief on being satisfied of the title of any claimant to the<br />

possession or administration of the property specified in the proclamation order the<br />

same to be delivered to him, after realisation of the expenses incurred in the seizure<br />

and detention thereof.<br />

6. The District <strong>Police</strong> Chief may, at his discretion, before making any order under<br />

sub-section (5), take such security as he may think proper from the person to whom<br />

the said property is to be delivered and nothing herein before contained shall affect<br />

the right of any person to recover the whole or any part of the same from the person<br />

to whom it may have been delivered pursuant to such order.<br />

7. If no person establishes his claim to such property within the period specified in<br />

the proclamation, the property, or such part thereof as has not already been sold<br />

under sub-section (3) shall be, used for any official purpose in lieu of a similar article<br />

which was required to be purchased in the normal course or such property maybe sold<br />

in auction under the orders of the District <strong>Police</strong> Chief, and the proceeds thereof shall<br />

be credited to the Criminal Justice Miscellaneous Expenses Fund.<br />

8. With due regard to the size and volume of the unclaimed property and the<br />

volume of space required to keep it safe and in good condition, the State <strong>Police</strong> Chief<br />

may prescribe from time to time the rates of daily charges to be levied for safekeeping<br />

and the unclaimed article or the seized article, not being required for production in a<br />

court of law, shall be sold in public auction on the day when the cost of safekeeping<br />

becomes half the assessed value of the unclaimed article.<br />

Provided that no such charges shall be levied from the original owner of the<br />

property for the first seven days for which the article was kept in custody and for any<br />

period after the date of auction of the property and its transfer to the bidder or the<br />

date of its being put to governmental use.<br />

9. When an unclaimed article had been sold in auction and it is later found that the<br />

actual owner is entitled to the full value of the said article by reason of the fact that he

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