(1)The attention of the Courts is invited to the provisions of Section 516-A of the Code. When the property concerned consists of livestock it should wherever possible be placed in the custody of a supratdar, security being taken from him for its production whenever ordered, and arrangements made for payment to him of the expenses incurred by him for feeding and looking after the live-stock.(2)Orders for the safe custody of property pending the conclusion of the enquiry or trial should invariably be made as soon as the articles are produced in Court. When such articles consist of valuables, jewellery or money, whether in currency notes or coins, exceeding Rs. 100 in aggregate value, they should be sent for safe custody to the treasury or subtreasury officer. Other articles should remain in the custody of the nazir (which term wherever used in this Chapter also includes a naib-nazir).(3)Property sent for safe custody should be accompanied by a memorandum in Form No. 198 or 199 on Schedule V-Cr. J.E. as may be appropriate. Valuables, jewellery or money shall invariably be made up into a sealed packet in the presence of the presiding officer. If the value of the packet exceeds Rs. 100 the sealed packet and memorandum shall be sent to the treasury or sub-treasury officer through the nazir for retention in the treasury in sale custody and the treasury or sub-treasury officer will proceed in accordance with Financial Rules 9 and 10. In other cases the property and memorandum shall be sent to the nazir. The nazir shall endorse on the memorandum the receipt of the property and also the serial number the property bears in the Register of Property made over to the nazir in criminal cases. If the property consists of or contains a sealed packet which is not to be forwarded to the treasury or sub-treasury officer, the nazir shall keep the packet in his safe. The memorandum shall be returned to the Court and filed in the record of the enquiry or trial. All property whether sent to the treasury or sub-treasury officer, or kept by the nazir, shall be entered in the abovementioned register and details of the property as shown in the accompanying memorandum noted in the appropriate columns.(4)When the property is required at any intermediate hearing the Court shall endorse a requisition on the memorandum, and send the memorandum to the nazir. As soon as the day's hearing concludes the property shall be returned to the nazir, who shall if necessary re-deposit it in the treasury. If it consists of or contains valuables, jewellery or money, such valuables, jewellery or money shall be made into a sealed packed in the presence of the presiding officer as directed in sub-rule (3):Provided that in trials before the Court of Session the property shall be produced and taken back by the nazir of the District Magistrate's office.(5)After the conclusion of the enquiry or trial, an order for the disposal of any property produced should be recorded in accordance with the provisions of Section 517 of the Code. In this connection the attention of the Courts is invited to the explanation to this section which enables the Court to return the sale proceeds of stolen property to the person from whom such property was stolen, though such property itself is not forthcoming.
