Page:Kerala Police Act, 2011.pdf/27

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27

(i) all movable articles found by him or transferred to him or in his possession which are not claimed by any one or refused to take over by anyone,
(ii) movable articles found lying in any public street, which are not being removed by anyone within a reasonable time, despite the owner or the person in charge thereof have given direction to remove the same by a notice affixed on or near the said articles.

(2) The Police Officer undertaking the charge of the articles under sub-section (1) shall furnish the details in respect of the article and its value to the District Police Chief and to the Executive Magistrate having jurisdiction after getting its approximate market value in writing assessed by a respectable merchant of that area who usually deals with such articles.

(3) if such article is subject to speedy natural decay or is live-stock, then the Station House Officer may forthwith sell the same in public auction.

(4) The District Police Chief shall issue a proclamation, specifying the details of the articles undertaken in charge under sub-section (1), requiring any person who may raise a claim thereon to appear before the officer specified in the proclamation within thirty days from the date of such proclamation and to establish his claim.

(5) The District Police Chief, may on satisfying the right of any person to the possession of the property specified in the proclamation, order the same to be released to him, after realizing the fees fixed for its seizure and custody.

Provided that such order shall not in any manner affect the legal right of another person to recover such article partially or fully from the person who got possession of such article by such order.

(6) The District Police Chief may obtain such security as he thinks proper from the person to whom the said article is handed over under sub-section (5).

Provided that the District Police Chief may take action under sub-section (8) for any delay of more than two days in taking away the article in respect of which the right of possession was given without reasonable grounds.

(7) If no person establishes his claim on such article within the period specified in the proclamation, the article may be used in the Police Department in lieu of any article which was required to be ordinarily purchased for official purpose or such property may be sold in auction under the orders of the District Police Chief and the sale proceeds thereof shall be credited to the Criminal Justice Miscellaneous Expenses Fund.