Section 459 of CrPC : Section 459: Power to sell perishable property.
CrPC
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Explanation using Example
Example 1:
Scenario: A police officer seizes a truckload of fresh vegetables from a vendor who is suspected of selling stolen goods. The vendor flees the scene and cannot be found.
Application of Section 459:
- The vegetables are perishable and will spoil quickly if not sold.
- The Magistrate, upon being informed of the seizure, determines that selling the vegetables immediately would prevent waste and benefit the owner if they are later identified.
- The Magistrate orders the sale of the vegetables.
- The proceeds from the sale are kept in accordance with Sections 457 and 458, to be given to the rightful owner if they come forward.
Example 2:
Scenario: During a raid, the police seize a batch of fish from a market stall suspected of being involved in illegal activities. The stall owner is not present at the time of the raid and cannot be located.
Application of Section 459:
- The fish are highly perishable and will decay rapidly if not sold.
- The Magistrate, upon receiving the report of the seizure, decides that selling the fish immediately ...
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