Amendment status not verified — confirm the current text below against the official source.
When the offender is not known or cannot be found, the Magistrate if he is of opinion that an offence has been committed, may, on application in this behalf, order the property in respect of which the offence has been committed to be confiscated and taken possession of by or under the authority of the Committee or to be made over to any person whom the Magistrate considers to be entitled to the same: Provided that no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person (if any) claiming any right thereto, and the evidence (if any) which he may produce in support of his claim. The Magistrate shall cause a notice of any application under this section to be served upon any person whom he has reason to believe is interested in the property seized, or shall publish such notice in any way which he thinks fit/ 46 (1) Notwithstanding anything herein before contained- (a) the Magistrate may direct the sale of any property seized under section 41 which is subject to speedy and natural decay; and (b) if, in the opinion of the officer seizing such property it is not possible to obtain the orders of the Magistrate under clause (a) in time, such officer may sell the property himself remit the sale-proceeds into the nearest Government treasury and make a report of such seizure, sale and remittance to the Magistrate and thereupon the Magistrate shall take such measures as may be necessary for the trail of the accused. (2) The Magistrate may deal with the proceeds of the sale of any property held under clause (a) or clause (b) of sub0section (1) in the same manner, as he might have dealt with the property if it had not been sold.