Section 459 of the Code of Criminal Procedure (CrPC), 1973, grants a Magistrate the power to sell perishable property under specific circumstances. This provision ensures the efficient handling and disposal of properties that cannot be preserved for long due to their perishable nature.

According to Section 459, if the person entitled to the possession of such property is unknown or absent, and the property is subject to rapid and natural decay, the Magistrate is empowered to order its sale. Additionally, if the property’s value is less than five hundred rupees (a threshold updated from ten rupees by the Act 25 of 2005), the Magistrate may direct its sale at any time. The rationale behind this section is to prevent the unnecessary wastage of property and to benefit the rightful owner, should they later be identified.

The procedures for the sale and the subsequent handling of the proceeds are outlined in sections 457 and 458 of the CrPC, which provide guidelines on the disposal and claim process of such property. This provision is significant in criminal cases involving the seizure of perishable goods, ensuring that such properties do not go to waste while awaiting legal resolution.

For individuals facing legal issues involving the seizure and sale of perishable property, consulting a property litigation lawyer in India is crucial. A qualified lawyer can provide expert advice on navigating the complexities of such cases.