Section 366 in Bihar Board's Miscellaneous Rules, 1958
366. Duties of the Police.
(1)In all cases in which intestate movable property is taken possession of by the police, the officer incharge of the police station in which the occurrence takes place shall submit a report to the Magistrate of the District or Division of the District within which his station is situated. The report shall be in Form I at the end of this chapter. All cases of intestate movable property should be reported by the police in this form, unless a claimant has appeared to claim the property by reason of such relationship as prima facie constitutes heirship-at-law to the deceased and unless the fact of such relationship is undoubted. Columns 4 and 5 of Form I should give the names of claimants whose claims do not seem to the police to be founded on heirship or the fact of whose heirship is doubtful together with particulars of their claims.(2)Report in Form 1 to be sent to District Court. - The report in Form 1, when received by the Magistrate of the District or Division of the District, should be forwarded with a memorandum to the District Court having jurisdiction in the case, and the orders of the Court should be requested.(3)Property to be dealt with in accordance with District Judge's order. - On receipt of the Magistrate's report, the District Judge will reply in a separate communication and the property will be dealt with in accordance with his orders. In practice, there are only two ways in which the property is dealt with. It is either ordered to be sold on,the spot and the money remitted to the Court, or the property itself is ordered to be sent to the Court.(4)Procedure for selling the property on the spot. - When, in the case of property that very rapidly deteriorates and perishes, the police assume the responsibility of selling it in anticipation of orders, or when the Court directs that the property shall be sold on the spot, an account of the sale in Form II hereto annexed, shall be prepared in triplicate by the police. The three copies shall be sent to the Magistrate of the District or Division of the District who shall send two copies to the Judge, and the third to the District Treasurer. One of the two copies forwarded to the Judge shall be returned with his signature to the police station at which it was originally prepared.(5)Procedure when the property itself is sent to the Court. - When the District Judge directs that the property itself is to be sent to the Court, a Chalan in Form III shall be prepared in triplicate by the police. As in Rule 4 above one copy shall be returned by the District Judge with his signature to the police station at which it was originally prepared.(6)Money and valuables to be remitted to the treasury as soon as they reach the Court. - All money and valuables sent to the District Judge by the police should under the existing rules be remitted to the treasury as soon as they reach the Court, and in the event of the Treasurer not receiving within due time the cash or valuables entered in the form received by him under Rule 4 or Rule 5 above, he should immediately report the matter to the Judge by a note at the foot of the daily advice list of payments now sent to Civil Courts.(7)Horses, cattle, etc. not to be sold without the orders of the District Judge. - Horses, cattle, ponies, sheep and goats should not be sold by the police without the orders of the District Judge.They should be placed in the nearest pound and the Judge should pass orders as soon as he receives the report so as to prevent the possibilities of the cost for keep exceeding the value of the animal. The animal should, when it is ordered to be sold, be disposed of, if possible, at a public market.(8)Charge for transport or for keep of live animals. - The cost of keep in cases referred to in Rule 7 above will be deducted from the sale-proceeds and paid to the pound-keeper, and only the net proceeds will be remitted to the Judge, as provided in Form II. Similarly, the cost of transport of such intestate movable property as is sent up to the District Court should be entered in the chalan forwarding the property (Form III). This cost should be paid at once from the amount at credit on account of property sold. In cases in which a claim to the property is afterwards judicially allowed, the successful claimant will generally be required to satisfy the charge for transport, or for keep of live animals, or for any other necessary expenses incurred for the safe custody of the property before receiving the property or its proceeds. The bona fide expenses incurred by a municipality on account of the cost of the burial or cremation of the corpses of persons dying intestate within municipal limits should also be included in Form III, and should be paid at once from the estate of the deceased to the Vice Chairman of the Municipality on his presenting a duly receipted bill for the amount to the Judge.(9)The Rules 1 to 8 above lay down generally the action to be taken in regard to movable property of all persons dying intestate with no bona fide claimant.
