Section 359(5) in Criminal Courts - Rules and Orders
(5)(i)Except in the case of perishable property at least a week shall ordinarily be allowed to elapse between attachment and sale, so as to give lime for notice of the intended sale to reach those interested.(ii)If the attachment is objected to, the objection should be summarily inquired into and disposed of by the officer executing the warrant either by admitting the claim or by referring the objector to a civil action if his claim seems prima facie groundless. In the latter case the sale of the property seized shall be stayed for such time as may appear reasonable in order to give to objector an opportunity of establishing his right. If, however, the nature of the property is such that an immediate sale would be for the benefit of the owner, the sale shall be effected and the proceeds shall be held in deposit for such time as aforesaid.(iii)Sales shall ordinarily be effected by auction, and on fixed days, preferably bazar days, at the Tehsildar's or any Magistrate's Court, during the hours of public business.(iv)The amount of fine is fully levied when the gross sale-proceeds equal such amount, and any expense attendant on the attachment and sale shall form a per contra charge against revenue from fines.
