Section 392

The seizure by any police officer of property taken under section 29 or alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence shall be forthwith reported to a Magistrate’s Court which shall make such order as it thinks fit respecting the delivery of the property to the person entitled to the possession of it or, if that person cannot be ascertained, respecting the custody and production of the property.

If the person so entitled is known, the Magistrate’s Court may order the property to be delivered to him on such conditions, if any, as the Magistrate’s Court thinks fit.

The Magistrate’s Court shall, on making an order under subsection (2), cause a notice to be served on that person, informing him of the terms of the order, and requiring him to take delivery of the property within such period from the date of the service of the notice (not being less than 48 hours) as the Magistrate’s Court may in the notice prescribe.

If that person is unknown or cannot be found the Magistrate’s Court may direct that it be detained in police custody and the Commissioner of Police shall, in that case, issue a public notification, specifying the articles of which the property consists and requiring any person who has a claim to it to appear before him and establish his claim within 6 months from the date of the public notification:Provided that, where it is shown to the satisfaction of the Magistrate’s Court that the property is of no appreciable value, or that its value is so small as, in the opinion of the Magistrate’s Court, to render impracticable the sale, as hereinafter provided, of the property, or as to make its detention in police custody unreasonable in view of the expense or inconvenience that would thereby be involved, the Magistrate’s Court may order the property to be destroyed or otherwise disposed of, either on the expiration of such period after the publication of the notification above referred to as it may determine, or forthwith, as it thinks fit.

Every notification under subsection (4) shall be published in the Gazette if the value of the property amounts to $100.[391