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[Cites 0, Cited by 0] [Section 359(5)] [Section 359] [Entire Act]

State of Madhya Pradesh - Subsection

Section 359(5)(ii) in Criminal Courts - Rules and Orders

(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.