Section 69 Delhi Police Act: Disposal of Unclaimed Property by Government
Section 69 of the Delhi Police Act, 1978 regulates what happens when property taken into police custody remains unclaimed after the statutory proclamation period. It provides for auction, crediting the proceeds to Government, and payment of established claims to those proceeds.
Unclaimed property may be auctioned on the Commissioner of Police's orders after the claim period expires. The sale proceeds go to Government, but a later claim to those proceeds can be considered by the prescribed authority under the statutory procedure.
Section 69: Statutory text
In default of claim, property to be at disposal of Government
Section 69(1). If no person establishes his claim to such property within the period specified in the proclamation, the property, or such part thereof as has not already been sold under sub-section (2) of section 67, may be sold by auction under the orders of the Commissioner of Police and the proceeds thereof shall be credited to the Government.
Section 69(2). If any claim is made to any proceeds credited under sub-section (1) to the Government and if such claim is established, whether wholly or to any extent, to the satisfaction of the prescribed authority, the Administrator shall pay to the claimant the amount determined in that behalf by the prescribed authority.
Section 69(3). The form and manner in which claims may be made under sub-section (2) and the procedure for dealing with such claims and all other matters connected therewith shall be such as may be prescribed.
Meaning and application of Section 69
When does Section 69 apply?
Section 69 applies to property dealt with under Section 66 and proclaimed under Section 67. Under Section 67(1), the Commissioner of Police issues a proclamation describing the property and calling upon claimants to establish their claims within six months from the date of the proclamation.
Section 69(1): Auction where no claim is established
If nobody establishes a claim within that proclaimed period, the Commissioner of Police may order the remaining property to be sold by auction. The provision uses the word may, so it authorises sale rather than requiring an automatic auction in every case. Proceeds of a sale under this subsection are credited to Government.
Property already sold under Section 67(2) is expressly excluded from a further auction under Section 69(1). Section 67(2) separately allows prompt auction of property subject to speedy and natural decay, livestock, or property appearing to be worth less than fifty rupees. The statutory monetary figure is reproduced as enacted; it should not be treated as a general modern valuation threshold for other laws.
Section 69(2): Payment of a proved claim to sale proceeds
Even after the auction proceeds have been credited to Government, Section 69(2) provides a mechanism for a person to claim those proceeds. The claim must be established, wholly or partly, to the satisfaction of the prescribed authority. The Administrator must then pay the claimant the amount determined by that authority. The section does not promise payment of the entire auction amount merely because a person submits a request.
Section 69(3): Procedure prescribed by rules
The form and manner of making a claim under Section 69(2), the procedure for examining it and connected matters are to be prescribed. The expression prescribed refers to requirements laid down under applicable rules made under the Act; the exact filing format and competent authority should be checked against the rules and notifications in force when the claim is made.
How a claimant should approach the matter
A person seeking return of unclaimed property should first identify the relevant proclamation and the police authority handling the property. A claim made during the proclamation period concerns the property itself; a claim made after proceeds have been credited to Government is governed by Section 69(2), subject to the prescribed procedure.
Supporting material may include a description of the property, proof of ownership or lawful entitlement, identification, relevant receipts or records, and details of the proclamation or auction. These are practical examples of evidence, not a statutory checklist imposed by Section 69 itself.
Where a timely claim is accepted before disposal, Section 68 deals with delivery of property to a person entitled to possession or administration, including expenses and possible security. A dispute about title or a seizure in a criminal case may require consideration of other applicable law and court orders; Section 69 should not be read as overriding those requirements.