Criminal Procedure Code
49
(8) Any person other than the person proclaimed may appear
before the Court which made the order of attachment and claim,
stating his title thereto, the property or any part thereof attached
or ordered to be attached:
Provided that such claim is made within three months from
the order of attachment.
(9) The Court shall record the claim so made and shall cause
a copy thereof to be served upon the Public Prosecutor together
with a notice requiring him to attend before the Court on a
day and at a time to be stated therein to show cause why the
property, if attached, should not be released, or why the order
of attachment should not be cancelled so far as it relates to the
property so claimed.
(10) At the hearing the Court shall proceed to inquire into the
truth and justice of the claim so made and to take such evidence
as may be necessary.
(11) Such inquiry shall be made, as nearly as may be practicable,
in the manner hereinafter prescribed for conducting trials in
summary cases before Magistrates.
(12) The Court shall, if satisfied of the truth and justice of
the claim, direct such property to be released or such order to be
cancelled, or if satisfied as aforesaid as to part only of the claim
shall direct such part to be released or so much of the order as
relates thereto to be cancelled.
(13) The Court may in its discretion award to the claimant
costs and such advocates’ fees as it thinks proper which shall
be paid out of the Consolidated Fund.
Restoration of attached property
46. If within two years from the date of the attachment any person
whose property is or has been at the disposal of the Government
under section 45 appears voluntarily or is apprehended and brought
before the Court by whose order the property was attached and
proves to the satisfaction of the Court that he did not abscond
or conceal himself for the purpose of avoiding execution of the
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