165. Rules for disposal of movable property.—

The following rules govern the disposal of movable property of which the police take possession :

(i)   An abstract list of the property will be made in the general diary. A separate extract of every entry relating to such property will be prepared at the police station and forwarded to the Magistrate concerned.

(ii)  Bulky property, other than livestock, taken possession of under Section 25 of the Police Act V of 1861 attached, distrained or seized under Sections 83/84, 422 or 457 of the Code of Criminal Procedure, 1973 (2 of 1974) shall ordinarily, pending the orders of the Magistrate, be left at the place where it was found in the charge of some land-holder or other respectable person willing to undertake responsibility for its custody and to produce it when required by the Court.

(iii)(a) Pending the orders of the Court, livestock shall ordinarily be made over to the pond-keeper, and while the animals are in his charge any person who claims to be the owner or other person on his behalf, may if he so desires be permitted to arrange for feeding and watering them.

(b)  Instead of making the animals over to the pond-keeper, the officer-in-charge of the station may, if he thinks fit, appoint one or more herdsmen to look after them; on an application being made to him by any person, he may if this can be done with safety make them over to such person on his executing a bond with or without sureties to produce when required.

(c)  The cost of the custody, feed and transport of livestock will in almost all cases be realised from the sale price of such as are sold, or from the person to whom the stocks are delivered by order of the Court and should be so realized subject to any order passed by the Court.

(d) If the livestocks are sold, the officer-in-charge of the station where they were seized and the police Muharrir attached to the Court which orders the sale, will be responsible for bringing to the notice of the officer conducting the sale the amount of the expenditure incurred on them in order that the account may be adjusted. Should the expenditure exceed the sale-proceeds the difference must be paid from the Superintendent's contract grant.

(e)  If the livestocks are ordered by a Court to be delivered to any person the police Muharrir attached to the Court apply to the Court for orders as to the payment of expenses. If the Court orders expenses to be paid by the person to whom the animals are to be delivered, they must not be delivered to him until he had paid. If he fails to pay, the Court must be asked for orders.

(f)  If the Court orders the cost to be paid by Government, payment will be made form the Superintendent's contract grant.

(iv) When the police take possession of movable property of person dying intestate, a list in duplicate of all such property containing full and accurate description must be prepared in the presence of and signed by two respectable witnesses of the locality. Property falling under the following heads should not be forwarded to headquarters but should be sold by auction by station officers on the spot after sanction has been obtained in each particular case, from the Judge's Court through the District Magistrate in the Province of Agra, and from the District Magistrate in the Province of Oudh :

(a)  Property subject to speedy and natural decay.

(b)  Articles worthless than 8 annas each.

(c)  Property of which the cost of keeping and conveying to the District Courts will exceed its value.

(d) Property not included under the foregoing heads when its total value is not less than Rs. 5.

(v)  Property forwarded to headquarters should be sent direct to the public prosecutor, numbered and labelled (if not livestock), and accompanied by a full and accurate description in triplicate. The label should show the person from whom it was taken, or the place where it was found, and the date. If the property corresponds with the description, the public prosecutor shall before sending the paper to the Magistrate cause to be entered by the malkhana Muharrir—

(1)  unclaimed property or property seized under Section 457 of the Code of Criminal Procedure, 1973 (2 of 1974) in his malkhana register of unclaimed or case property;

(2)  weapons and other articles sent under Section 170 of the Code and movable property seized as liable to confiscation or forfeiture in his malkhana register of impounded property;

(3)  all movable property belonging to an accused person, or to a convict, or attached under Section 83/84 of the Code, or distrained, in default of payment of fines, penalties or fees in his malkhana register of miscellaneous property;

(4)  intestate property in his register of intestate property (Lawaris). He will then, on the triplicate copy of the description received from the police station, endorse a receipt for the property and the number of the entry in the malkhana register and return this copy to the officer who brought the property from the police station. The original copy of this list should be kept by the officer-in-charge of the malkham and the second copy sent to the Court concerned with other relevant papers. The copy kept by the officer in charge, malkhana should be referred to by the officer checking the malkhana.

Note.—Property that is subsequently to be identified should be sealed by the investigating officer in the presence of the search witnesses, who should sign or affix their impressions on the wrapper containing the property in attestation that the seal was affixed in the presence. The seals should be broken only by the Magistrate who conducts the identification of their property. If such property is sent to the public prosecutor he should make an entry in his register as to the seals on the package being intact, and should not break the seals or enter particulars in his register until the identification proceedings are over.

(vi) When the property consists of gold, silver, jewellery or other valuables it must be sent in a sealed packet after being weighed and its weight must be noted in the general diary and on the list which accompanies the packet. A set of weights and scales should be kept at each police station.

(vii)The malkhana Muharrir, who should be an officer of not less than 15 years standing will sign the receipt in token of his having received the property intact in the malkhana.

166. Property worth more than Rs. 100 should be kept in the custody of Malkhana Moharrir—

Unless the Magistrate otherwise directs, property of every description except cash exceeding Rs. 100 and property of equal value and property pertaining to cases of importance, which will be kept by the public prosecutor in a separate box under the lock and key in the treasury, will remain in the custody of the malkhana Muharrir under the general control and responsibility of the public prosecutor until it has been finally dispose of.

167. Duty of Malkhana Moharrir attached to Courts.—

It will be the duty of the malkhana Muharrir to deliver over to and receive back from police attached to Courts, property required'iiuring the day. He will be responsible for seeing that such property is received back intact.

168. Responsbility of Pu^lici Prosecutor—

The Public Prosecutor is responsible that the Court orders, regarding the disposal of property carried out, and when satisfied that this has been done, will give a certificate to this effect in the malkhana register. Before giving such a certificate the Public Prosecutor should (a) in the case of property returned to a thana for disposal, examine the station officer's report attesting recipients' signature, (b) in the case of property made over to a party in Court, see the Magistrate's certificate on the list of property, (c) in the case of property sent to the treasury for deposit, see the treasury officer's receipt before sending the list of property to the Court concerned, and (d) in the case of property ordered to be destroyed in the Magistrate's presence, see the Magistrate's signature on the list of property certifying that this has been done.

¹ [168-A. Rules to destroy tillicit firearms and weapons after the decision of the court—

Illicit firearms and weapon recovered by Police that are to be destroyed after the decision of the Court, should be destroyed in presence of members of a committee consisting of

(a) an Executive Magistrate nominated by the District Magistrate,

(b) a Police Officer not below the rank of Dy. Superintendent of Police, nominated by Superintendent of Police

(c) a respectable person who is not Govt. Servant, nominated by District Magistrate.]

169. Duty of Public Prosecutor to inform the Court about unclaimed property lying in Malkhana for more than 6 months—

It is the duty of the Public prosecutor to bring to the notice of the Magistrate concerned all cases in which unclaimed property has been lying in the malkhana for more than six months, all cases in which perishable property is deteriorating owing to orders being delayed, and all cases in which apparently avoidable delay is taking place.

170. Monthly inspection of Malkhana by Public Prosecutor—

The Public Prosecutor should inspect the malkhana monthly. A gazetted officer should inspect it quarterly and check and sign the registers, maintained for it.

171. Police Officer attached to the Court of a Magistrate will observe the rules laid down for the guidance of the Public Prosecutor—

The police officer attached to the Court of a Magistrate who is in camp or located elsewhere than at the headquarters of the district, will observe the rules laid down for the guidance of the Public Prosecutor, is so far as such rules can be made applicable. He shall maintain the register of arms and ammunition and military stores prescribed in paragraph 36. The register shall be checked periodically by circle inspectors and gazetted officers when on tour may be sent or brought to headquarters to be checked by the Public Prosecutor there. 

For further order regarding custody and disposal of property see the Manual of Government Orders.

172. Personal property of persons dying intestate must not be treated as unclaimed property in the Province of Agra—

In the Province of Agra, the personal property of persons dying intestate must not be treated as unclaimed property under Section 25 of Act V of 1861, but must be dealt with under the Manual of Government Orders. The procedure is the same in both cases up to the stage at which the Public Prosecutor receives and registers the property and makes a report to the District Magistrate. After this, in the Province of Agra, the Public Prosecutor must forward a copy of his own report and of the District Magistrate's order through the District Magistrate to the District Judge for orders. All expenses incurred in maintaining intestate property and in conveying it to the District Judge's Court are recoverable from the Court.

173. Process after deposition of any arms, ammunition in Police Station—

When any arms, ammunition or military stores have been deposited at a police station under Section 16 of the Arms Act, 1959 (54 of 1959), the officer-in-charge of the Police Station shall affix to each weapon or article a ticket showing the name of the depositor, the date of deposit, and a description of the weapon or article deposited. He shall also hand over to the depositor a duplicate of this

1. Para 168-A inserted by G.O. No. 56/VIII-7-27/77, dated 19-12-77.