Disposal of attached property upon termination of criminal proceedings

(1) Upon the termination of any criminal proceedings for the offence in respect of which any order of attachment of property has been made under this Act or security given in lieu thereof, the District Magistrate shall, without delay, inform the District Judge, and shall where criminal proceedings have been taken in any Court, furnish the District Judge with a copy of the judgment or order of the trying Court and with copies of the judgments or orders, if any, of the appellate or revisional Court thereon. (2) Where it is reported to the District Judge under sub-section (1) that cognizance of the alleged offence under section 36-B has not been taken or where the final judgment or order of the criminal courts is one of acquittal the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence or where security has been given in lieu of such attachment, order such security to be returned. (3) Where the final judgment or order of the criminal court is one of conviction the District Judge shall order that from the property of the convicted person attached under this Act or out of the security given in lieu of such attachment, there shall be forfeited to the state such amount or value as is found in the final judgment or order of the criminal courts in pursuance of section 36-G to have been procured by the convicted person by means of the offence together with the costs of attachment as determined by the District Judge; and where the final judgment or order of the criminal courts has imposed or upheld a sentence of fine on the said person (whether alone or in conjunction with any other punishment), the District Judge may order, without prejudice to any other mode of recovery, that the said fine shall be recovered from the residue of the said attached property or of the security given in lieu of attachment. 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. (1) Upon the termination of any criminal proceedings for the offence in respect of which any order of attachment of property has been made under this Act or security given in lieu thereof, the District Magistrate shall, without delay, inform the District Judge, and shall where criminal proceedings have been taken in any Court, furnish the District Judge with a copy of the judgment or order of the trying Court and with copies of the judgments or orders, if any, of the appellate or revisional Court thereon. (2) Where it is reported to the District Judge under sub-section (1) that cognizance of the alleged offence under section 36-B has not been taken or where the final judgment or order of the criminal courts is one of acquittal the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence or where security has been given in list of such attachment, order such security to be returned. (3) Where the final judgment or order of the criminal court is one of conviction the District Judge shall order that from the property of the convicted person attached under this Act or out of the security given in lieu of such attachment, there shall be forfeited to the state such amount or value as is found in the final judgment or order of the criminal courts in pursuance of section 36-G to have been procured by the convicted person by means of the offence together with the costs of attachment as determined by the District Judge; and where the final judgment or order of the criminal courts has imposed or upheld a sentence of fine on the said person (whether alone or in conjunction with any other punishment), the District Judge may order, without prejudice to any other mode of recovery, that the said fine shall be recovered from the residue of the said attached property or of the security given in lieu of attachment.