Investigation by District Judge of objections to attachment

(1) If no cause is shown and no objections are made under section 36-E on or before the specified date the District Judge shall forthwith pass an order to the effect that the property shall remain attached till the termination of the criminal proceedings. (2) If cause is shown or any objections are made as aforesaid, the District Judge shall proceed to investigate the same, and in so doing, as regards the examination of the parties and in all other respects he shall, subject to the provisions of this Act, follow the procedure and exercise all the powers of a court in hearing a suit under the Code of Civil Procedure, 1908 (No. V of 1908), and any person making an objection under section 36-E shall be required to adduce evidence to show that at the date of the attachment he had some interest in the property attached. (3) After investigation under sub-section (2), the District Judge shall either pass an order to the effect that property shall remain attached till the date of the termination of the criminal proceedings or vary the order of the District Magistrate by releasing a portion of the property from attachment or withdraw the said order. Explanation.—For the purposes of this section and section 36-H the date of the termination of the criminal proceedings shall be deemed to be: (a) where such proceedings are taken to the High Court, whether in appeal or revision, the date on which the High Court passes its final order in such appeal or revision; or (b) where such proceedings are not taken to the High Court, the day immediately following the expiry of sixty days from the date of the last judgment or order of a criminal court in the proceedings.