Guidelines for Handling Case Properties and Seized Assets in Legal Proceedings

This informative content discusses the handling of case properties involved in offenses, including seizure, custody, disposal, and coordination among government departments. It covers various aspects such as the types of case properties, custody procedures, provisions under Section 516-A Cr.PC, and the disposal of properties in trial scenarios. The roles of different committees in overseeing these actions are also highlighted.

• Legal proceedings
• Seized assets
• Case properties
• Criminal offenses
• Government coordination

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Uploaded on Jul 13, 2024 | 0 Views

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1. Case Property Defined as any property regarding which an offence appears to have been committed or which appears to have been used in the commission of an offence.

2. Kinds of Case Properties/ Seizure (i) Case properties involved in the commission of offence i.e. Narcotics substances; (ii) Suspected to be stolen u/s 550 Cr.PC i.e. seizure by police. (iii) Unclaimed property, Chapter XV of Police Order.

3. Section 516-A Cr.PC/Pending trial or inquiry (i) Delivery to person entitled thereto. (ii) If property subject to natural or speedy decay order it to be sold. (iii) Motor vehicle detained or seized Police Order, 1934 Vol.3, 22.16.

4. Custody of property exceeding Rs.500/- (i) To be deposited in treasury at the headquarters in accordance with Police Rules 27.18 (2). (ii) At the strong room at Tehsils. (iii) Motor vehicle detained or seized Police Order, 1934 Vol.3, 22.16.

5. Provisions to Section 516-A Cr.PC (a) If dangerous/explosive substance shall not be sold, but be handed over to government department dealing with it. (b) If dangerous drug, intoxicant, liquor or any other narcotics substance shall make samples under supervision of Magistrate as may deemed fit for production before it and cause destruction of the remaining property and issue a certificate in that behalf. (c) Customs Act, 1969: Section 169/170 Procedure Under sections 181 to 185

6. In case of trial, the property to be disposed of u/s 517 Cr.PC. (i) Confiscation under KP CNSA 34-A, 34-B. (ii) Stolen or tampered when ostensible owner is unknown. (iii) Vehicle having tampered, re-stamped, welded or refitted not be allowed ply on the roads. Cr.M (Q.P) No.26-M/2020 PHC Mingora Bench dated 28.09.2020 However, the same shall be allotted to government departments for operational duties by In case of confiscation vehicle/property is sent to Transport Department KPK.

7. Committees: To supervise actions consists upon; (i) Provincial Finance Minster. (ii) Secretary Administration. (iii) Additional Secretary Finance. (iv) D.I.G Telecommunication. (v) D.G Excise & Taxation Department. (vi) Section Officer Transport Department (Secretary). Thanks; Mazhar Hussain, SCJ (Admn), Mansehra.

8. Thanks;