Code of Criminal Procedure, 1898
Code of Criminal Procedure, 1898 — Section 525: Power to sell perishable property
525. Power to sell perishable property. If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, 5[or if the Magistrate] to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, 6[or that the value of such property is less than ten rupees] the Magistrate may at any time direct it to be sold; and the provisions of sections 523 and 524 shall, as nearly as may be practicable, apply to the nett proceeds of such sale.
(iii)that any particular 1[*] case or appeal be transferred to and tried before itself; or
(iv)that an accused person be 2[sent] for trial to itself or to a Court of Session.
(2)When the High Court withdraws for trial before itself any case from any Court 3[* * *] it shall, 4[* * *] observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn.
(3)The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative.
(4)Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Advocate General, be supported by affidavit or affirmation.
(5)When an accused person makes an application under this section, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if 5[so ordered] pay 6 [any amount which the High Court 7[may under this section award by way of Compensation] to the person opposing the application.]
(6)Notice to Public Prosecutor of application under this section. Every accused person making any such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. 8 [(6A) Where any application for the exercise of the power conferred by this section is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of 9[compensation] to any person who has opposed the application
(10)If, before the argument (if any) for the admission of an appeal begins, or, in the case of an appeal admitted, before the argument for the appellant begins, any party interested intimates to the Court that he intends to make an application under this section, the Court shall, upon such party executing, if so required, a bond without sureties of an amount not exceeding 1[five hundred rupees] that he will make such application within a reasonable time to be fixed by the Court, postpone the appeal for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon.] 2 [526A. [High Court to transfer for trial to itself in certain cases. Omitted by the Code of Criminal Procedure (Amdt.) Ordinance, 1969 (20 of 1969), S. 2 (w.e.f. 29-7-1969).
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
