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CHAPTER 11
Police

PART E -- CUSTODY OF PROPERTY SENT IN BY THE POLICE

1. Kinds of property sent in by Police.-- Property sent in by the Police is usually of three kinds:-

(i) Articles including (a) counterfeit coins, together with implements for their manufacture, such as dyes, moulds, etc., and (b) forged currency notes and implements such as dyes, moulds, etc,. used in the forgery of currency notes, transmitted to the Magistrate, under section 170 of the Code of Criminal Procedure, with the Police report in cases sent up for trial.

(ii) Property seized by the Police as stolen property or upon suspicion, and ordered by the Magistrate, under section 523 of the Code of Criminal Procedure, to be forwarded to headquarters.

(iii) Property taken charge of by the Police under section 25 of Act V of 1861, and ordered by the Magistrate of the district to be forwarded to headquarters.

2. Custody and disposal of the property.-- (a) With regard to property referred to in rule 1 (i) above, other than articles enumerated in (a) and (b), the Police Department will retain charge of it pending the disposal of the case. When the case is decided, the property, if not returned to the owner, will be made over to the Nazir for safe custody, or otherwise disposed of, as the Magistrate may direct.

(b) Articles enumerated in 1 (i) (a) above, will remain in the custody of the Police Department pending the disposal of the case. At the end of the case and not till after the appeal or revision, if any, the Court shall send them to the Treasury or Sub-Treasury together with a short description of the case; and

(c) Articles enumerated in 1(i) (b) above produced in and confiscated by a Court shall remain in the custody of the Police Department during the trial of the case. After the decision of the case and the Appeal or Revision, if any, from it, the Presiding Officer of the Court shall return, through the Police Department to the Currency Officer, State Bank of Pakistan in whose jurisdiction the forged note is/notes are detected for entry in their books and destruction and make the remaining articles over to the Police Department for their destruction or for such other action as may be found suitable in accordance with the rules of that Department.

3. Custody and disposal of the property.-- Property of the second kind, when sent into headquarters, will remain in the custody of the Police until the Magistrate makes an order for the issue of a proclamation under section 523 of the Code of Criminal Procedure, when it should be transferred to the custody of the Nazir, or otherwise disposed of as the Magistrate may direct.

4. Custody and disposal of the property.-- Property of the third kind should on arrival at headquarters be made over at once to the Nazir by the Police Department.

5. Custody of coins, currency notes, etc.-- In any individual case where the property consists of bullion, coin, currency notes, valuable securities or jewels, and is of great value, say, above one thousand rupees, it should instead of being made over, under the preceding rules, to the Nazir, be made over to the Treasury Officer; coin or currency notes (other than counterfeit coin and notes) will be treated as regular deposits under the rules in Chapter III, Account Code, Volume II; bullion at its estimated value in cash, and securities, irrespective of their face value, and jewels will be deposited for safe custody, and an entry made not in the ordinary register, but in a special register which should be countersigned every month by the Deputy Commissioner. The orders of the Deputy Commissioner should first be obtained by the Police before placing bullion or jewellery, etc., for safe custody at the Treasury.

6. Responsibility of Police for safe custody.-- Until the property is, under the preceding rules, made over to the Treasury, the Police Department will continue to be responsible for its safe custody. When so made over, the responsibility for its safe custody will rest with the Nazir *[or] Treasurer, as the case may be.

7. See also Volume IV, Chapter 10.-- "Forfeited and Unclaimed Property."


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