85. Release, sale and restoration of attached property. (1) If
the proclaimed person appears within the time specified in the
proclamation, the Court shall make an order releasing the property
from the attachment.
(2) If the proclaimed person does not appear within the time
specified in the proclamation, the property under the attachment shall
be at the disposal of the State Government; but it shall not be sold
until the expiration of six months from the date of the attachment and
until any claim preferred or objection made under section 84 has been
disposed under that section, unless it is subject to speedy and
natural decay, or the Court considers that the sale would be for the
benefit of the owner ; in either
of which cases the Court may cause
it to be sold whenever it thinks
fit.
(3) If, within two years from the date of the attachment, any
person whose
property is or has been at the disposal of the State
Government,
under sub-section (2), appears voluntarily
or
is
apprehended and brought before the Court by whose order the property
was attached, or the Court to which such Court is subordinate, and
proves to the satisfaction of such Court that he did not abscond or
conceal himself for the purpose of avoiding execution of the warrant,
and that he had not such notice of the proclamation as to enable him
to attend within the time specified therein, such property, or, if
the same has been sold, the net proceeds of the sale, or, if part only
thereof has been sold, the net proceeds of the sale and the
846
residue of the property, shall, after satisfying therefrom all
incurred in consequence of the attachment, be delivered to him.
costs
86.
Appeal from order rejecting application for restoration
attachedproperty.
of
86.Appeal from order rejecting application for restoration of
attached property. Any person referred to in sub-section (3) of
section 85, who is aggrieved by any refusal to deliver property or the
proceeds of the sale thereof may appeal to the Court to which appeals
ordinarily lie from the sentences of the first-mentioned Court.
D.-Other rules regarding processes
87.
Issue of warrant in lieu of, or in addition to, summons.