Police Act 2008 - Kerala Police
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