46. [ Procedure in regard to perishable property seized under section 41. [Substituted for the original section 46 by section 6 of the Tamil Nadu Forest (Amendment) Act, 1936 (Tamil Nadu Act VII of 1936).]
(1)Notwithstanding anything hereinbefore contained-(a)the [Magistrate] may direct the sale of any property seized under section 41 which is subject to speedy and natural decay; and(b)if, in the opinion of the officer seizing such property, it is not possible to obtain the orders of the [Magistrate] [Now, Judicial Magistrate.] under clause (a) in time, such officer may sell the property himself, remit the sale proceeds into the nearest Government treasury, and make a report of such seizure, sale and remittance to the Magistrate and, thereupon, the [Magistrate] [Now, Judicial Magistrate.] shall take such measures, as may be necessary for the trial of the accused.(2)The [Magistrate] [Now, Judicial Magistrate.] may deal with the proceeds of the sale of any property held under clause (a) or clause (b) of sub-section (1) in the same manner, as he might have dealt with the property if it had not been sold.]
