Section 85 of the Code of Criminal Procedure, 1973 lays down that when a proclaimed absconder appears before the court within the time specified in the proclamation, the property shall be released from the attachment. If the person does not appear within the time specified, the property will be under absolute control of the state government and will have power to dispose of it. The non-perishable property has to be attached with the government for a period of six months and after that it can be sold.
The provision also states that if the absconder voluntarily appears before the court or is brought before the court and if he satisfies the court that he did not conceal or abscond himself or he had no notice of the proclamation, then he will be entitled to the restoration of the attached property when it has not been sold by the government.
Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel
(AIR 2008 SC 2675)
Emperor v. Hanma Timma Bhandiwaddar (AIR 1928 Bom 145(1))
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