S.

42:

Every person is required to help a magistrate or police officer when asked, specifically:

(a) In helping to arrest someone else who the magistrate or police officer is authorized to arrest.

(b) In preventing or stopping a disturbance of the peace, or in preventing any harm from being done to
railway tracks, canals, telegraph lines, or public property. This obligation to assist applies to all
individuals.

S.43:

If a warrant (an official document giving permission to make an arrest or search) is given to someone
who is not a police officer, other people can also help with executing the warrant as long as the person
who the warrant is addressed to is nearby and involved in carrying out the warrant. This makes it easier
to complete the task.

Chapter 5: Arrest, escape and retaking

Introduction: Article 9 o.const.o.Pak No person shall be deprived of life or liberty save in accordance
with law, A.10A of constitution of Pakistan: Right to fair trial

In constitution of USA, fundamental rights are listed in Bill of Rights, where liberty is fundamental right
and rights related to arrest are granted to accused.

Miranda/Warning Rights: Following are rights of accused when arrested. These were discussed in a case
Miranda v Arizona.

a. Right to be silent, even if question is to be asked by police.

b. Right to counsel; State responsibility to provide lawyer to every accused.
c. Warning given to accused before asking questions if you give answers then it will be considered
as evidence in a court against you.

Whereas in our const, no above rights are provided to accused except right to fair trial and right to
counsel.

A: Arrest with warrants/ Cognizable offences

S.46. Arrest how made:

When making an arrest, a police officer or other person involved in the arrest must physically touch or
restrain the person being arrested, unless the person being arrested willingly goes with them. If the
person being arrested tries to resist or escape, the police officer or other person can use all necessary
force to make the arrest. This means that they can use as much force as needed to complete the arrest,
even if it involves using force.

Note: Police cannot kill anybody during arrest if no offence committed in which life imprisonment or
death penalty is not imposed but if a person is killed during arrest in which punishment was life
imprisonment or death penalty then that killing is justifiable. If accused submit himself to police, then
police are not allowed to use any kind of force or torture.
2002 Custodian Torcher Act: In this, types of torcher are described by law.

Ex: There are many cases in which police has killed citizen and they had been sentenced by court. Like A
was going to Islamabad, on police request he didn’t stop they shot him later, police were punished by
court due to use of excessive powers.

S.47: Search of place entered by person sought to be arrested

If someone with a warrant to make an arrest or a police officer with the authority to arrest believes that
the person they are looking for is inside a private place, the person who lives there or is in charge of that
place must let the person with the warrant or police officer enter and search the place when asked.

S.103 two private witnesses necessary when collecting any evidence from accused place, can be from
same local area.

Purpose: so that police cannot plant evidence on its own. They should provide all necessary assistance
during the search.

S.48 : Procedure where ingress not obtainable:

If access to a place cannot be obtained as required by Section 47, it is still legal for someone acting
under a warrant or a police officer to enter and search the place in certain circumstances.

If a warrant cannot be obtained without giving the person being arrested a chance to escape, or

If access cannot be obtained after notifying the authorities and demanding entry, it is permissible to
break open any doors, windows, or other openings to gain entry, whether they belong to the person
being arrested or someone else.

Before entering any house police must inform accused to escape house or place and have ladies police
to arrest women if involved in a case.

If the place being searched is a woman's private living space, where it is customary for women not to
appear in public, the person or police officer making the search must inform the woman living there that
she is free to leave before entering. They should provide her with all necessary assistance to leave if she
wishes to do so. After giving this notice, they may then forcefully enter the living space if necessary.

S.49 Power to break open doors and windows for purposes of liberation:

Any police officer or authorized person making an arrest has the power to break open any outer or inner
door or window of a house or place if they or someone else they are arresting has been lawfully
detained inside and cannot leave. This is allowed for the purpose of liberating themselves or the
detained person. If ladies in home present, then they must be ladies-police to arrest them because
decency rules must be followed by police as it is our custom from many years.

S.50: No unnecessary restraint:

Police is not allowed to torture person they have in custody unless necessary if he or she is trying to
escape.

Acc to police order 2002, if police torture accused during custody can be punished upto 7-Y.
2002 Custodian torture act created to prevent torture.

S.51: Search of arrested persons:

When police arrest any person, they search him and get his belongings in their custody and jailed him
and shift his important articles to safe place. Because after release of person, they have to return.

S.103 two private witnesses necessary when collecting any evidence from accused place, can be from
same local area. Police witnesses are excluded here they are not acceptable.

Purpose: so that police cannot plant evidence on its own. They should provide all necessary assistance
during the search.

Section 103 is not applicable in Control of Narcotics Substances Act. Because, CNSA is Special law and
special law always prevail to general law.

S.52 Mode of searching women:

Does search of women is possible? Yes, but whenever woman is being search it must be in presence of
another woman either she is lady police officer or not. Without presence of lady search of woman is
restricted to maintain decency.

S.53

When a person is being arrested and he holds offensive weapons then police officer or any person
making arrest has authority to take such kind of weapons in order to avoid any assault and produce
before the court.

B: Arrest without warrant/Non-Cognizable offence

S.54: Police arrest without warrants

This question is mostly asked in exams.

1.If the person has been involved in a cognizable offense or there is a reasonable suspicion, complaint,
or information about their involvement.

2. If the person is found in possession of burglary tools without a valid explanation.

3. If the person has been proclaimed as an offender under this code or by the provincial government like
house-breaking offence mentioned in 441 and 442 in PPC.

4. If stolen property is found in their possession and there is a reasonable suspicion of involvement in
the crime.

5. If the person obstructs a police officer while they are carrying out their duties or has escaped or
attempted to escape from legal custody. 184

6. If the person is reasonably suspected of being a deserter from the armed forces of Pakistan.

7. If the person is reasonably suspected of being involved in a crime committed outside Pakistan that
would be punishable as an offense in Pakistan.
Extradition: Extradition is the removal of a person (typically referred to as a fugitive) from a requested
jurisdiction to another jurisdiction for criminal prosecution or punishment. Ratified by every country.

8. Section 565(c): If the person is a released convict who has violated the rules set out in Section 565(c).

In clause (c), it is written any person or group of people who had committed offences many times if
shifts from one district to another then he must inform police if not can be arrest.

9. If a request for arrest has been received from another police officer, and the request specifies the
person to be arrested, the offense or cause for arrest, and it is clear that the person can be lawfully
arrested without a warrant by the officer who issued the request.

S.55 Arrest of vagabonds, habitual robbers, etc.:

1. If there are reasons to believe that a person is hiding and intends to commit a cognizable offense.

2. If a person does not have a clear source of income or cannot explain their presence.

3. If the person has a reputation as a habitual criminal, such as a robber, house-breaker, thief, or
receiver of stolen property who knows it is stolen, or a habitual extortionist who puts or attempts to put
people in fear of injury in order to commit extortion.

Any person who does like one wheeling of bike so cld vagabonds, or habitual robbers can be arrested
without warrants.

S.107:

S.56: Procedure when police officer deputes subordinate to arrest without warrant

In simpler terms, when a police officer asks a lower-ranking officer to make an arrest without a warrant
for someone who can be legally arrested without a warrant, they need to give a written order with the
person's name and the reason for the arrest. The lower-ranking officer must inform the person being
arrested of the details in the order and show it to them if requested. This process ensures that the arrest
is done legally and with proper authority.

S.57: . Refusal to give name and residence:

If a person commits or is accused of committing a non-cognizable offense in the presence of a police

officer and refuses to provide their name and address or gives false information, the police officer can
arrest them to determine their true identity.

After their identity is established, they must sign a bond to appear before a magistrate if required. If the
person's true identity cannot be determined within 24 hours or they fail to sign the bond or provide
sufficient sureties, they will be handed over to the nearest magistrate with jurisdiction.

Additionally, if the person is not a resident of Pakistan, the bond must be secured by a surety or sureties
who are residents of Pakistan.

S.58: Pursuit of offenders into other jurisdiction:

A police officer is allowed to chase and arrest a person without a warrant in any part of Pakistan. This
applies to situations where the person being pursued is being arrested for a crime. This provision allows
police officers to pursue offenders across jurisdictional boundaries to ensure that they are brought to
justice.

S.59: Arrest by private persons and procedure on such arrest:

Any private person can arrest someone who they believe has committed a serious crime (non-bailable
and cognizable offense) or is a wanted criminal (proclaimed offender) without unnecessary delay and
hand them over to a police officer or take them to the nearest police station. If there is reason to
suspect that the person falls under the provisions of Section 54 (mental disorder), a police officer can re-
arrest them.

Ex: A enters B house to steal car. While house trespassing, B caught A. B has authority to capture and
arrest A.

S.60: Person arrested to be taken before Magistrate or officer incharge of police station

S.61: Persons arrested not to be detained more than twenty-four hours

Person arrested must be produced before Magistrate within twenty-four hours, time is counted from
when a person is arrested.

Relevant provisions;

Section 81; same as above

Article 10 of Constitution of Pakistan;

S.62: Police to report apprehensions:

When police apprehend any person they have to inform their senior officer promptly like ZilaNazim.

S.63: Discharge of person apprehended:

Can magistrate conduct trial of murder case or not? No

Can Magistrate release person from murder case? No

Relevant provisions

S.167:

FIR not allowed in NC offences bit suppose registered then do not get bail, although get 1-day remand,
otherwise powers of s.63 are exempted. If bail granted, then remand ended here. When remand ended
then Magistrate can cancel any case by following HC rules and orders 1 volume 3 chapter 11 part D
magistrate can cancel any criminal case when remand is executed.

S.561A: U/s 561A FIR is quashed by HC. If case not cancelled then magistrate frame charge, After this did
recording of evidences, Magistrate can acquit any person u/s 249A before framing of charge or after
record of evidences u/s 245. Double jeopardy only applies in acquit, it means person cannot be trialed in
same offence again. After acquitted from case, not in release or discharge,

Magistrate entitled to get congnizance of every offence even of murder cases committed in his territory.
During remand magistrates can discharge any person even accused of murder case, but not after
remand. When person is arrested u/s169 police must release him if not produce before magistrate
within 24-Hrs. Arrest and retaking of person same process applies.

Section;173

S.64: Offence committed in Magistrate's presence:

Any Magistrate can arrest any person committing offence in his presence within his jurisdiction.

S.65: Arrest by or in presence of Magistrate:

Magistrate can direct arrest of any person committing offence in his presence within his jurisdiction

66. Power, on escape, to pursue and retake:

If someone who is supposed to be in legal custody manages to escape or is rescued, the person
responsible for keeping them in custody can immediately go after them and arrest them
anywhere in Pakistan.

Relevant Judgments to Arrest, escape and retaking:

1. Judgment: 1997 MLD 1463

Decision: Search for second time is over doing.

2. Judgment: PLD 2018 SC 518 (Sughera Bibi Case):

Decision: Second FIR is not allowed, and second principle was that when arresting person what
should be safeguards or checks.

Chapter: Summon

Definition: Summon is first step to bring up accused in court for any matter.

S.68: Every summons issued by a Court under this Code shall be in writing in duplicate, signed and
sealed by the presiding officer of such Court or by such other officer as the High Court may, from time to
time, by rule, direct.

Original form of summon is handed over to person who is being summon whereas duplicate copy of it is
submitted to court after filling by a public officer who has delivered it along with signature. Public officer
here makes a statement that I successfully handed over to person. Then this record is keep in court as a
evidence.

69. Summons how served:

The summons shall, if practicable, be served personally on the person summoned, by delivering or
tendering to him one of the duplicates of the summons. (2) Every person on whom a summon is to be
served shall sign a receipt thereof on the back of the other duplicate.

70. Service when person summoned cannot be found: If accused is not present at home than any male
adult who is sane and major can receive summon letter on accused behalf. Then deposited in court
again after signature of public officer.
Exception: a. child is excluded from here

b. Servant of accused also cannot receive summon as he is not family member of accused.

71. Procedure when service cannot be effected as before provided: If there is no any person available
in home then summon letter should be affixed to conspicuous part of accused home.

72. Service on servant of, State or of Railway Company:

73. Service of summons outside local limits: When a Court desires that a summons issued by it shall be
served at any place outside the local limits of its jurisdiction, it shall ordinarily send such summons in
duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is
to be there served.

74. Proof of service in such cases and when serving officer not present:

Proof of summon:

a. Signed copy of duplicate summon letter by public officer who has delivered letter to accused.
b. Affidavit of serving officer with his signature.
c. Duplicated copy of summon submitted to court by public officer.
d. Statement of serving public officer recorded by court as a evidence.

Schedule-5, F-2:

It tells reasons to compel person to appear in a court on issuing summon letter to him.

Warrant of Arrest:

Definition of warrant: a warrant is a written order issued by a judicial or other authorized official
that gives law enforcement the authority to perform a certain act, such as searching a property,
seizing evidence, or arresting a person.

Two Types of warrant:

Bailable warrant: If accused after issuing summon to him is not appearing before court then bailable
warrant is issued by court against him. Court requires surety bond from accused deposited in account of
court.

Nonbailable warrant: court do not require surety bond and directly issue warrants bcz escaping of
accused chances are more. Finally it is court discretory to issue what type of warrant.

75. Form of warrant of arrest: shall be in writing,

signed by the presiding officer, or

in the case of a Bench of Magistrates, by any member of such Bench and

shall bear the seal of the Court.

Continuance of warrant of arrest: Every such warrant shall remain in force until cancelled by the Court
which issued it, or until it is executed.

76. Court may direct security to be taken: Any Court issuing a warrant for the arrest of any person may
in its discretion direct by endorsement on the warrant that, if such person executes a a bond with
sufficient sureties for his attendance before the court at a specified time and thereafter, until otherwise
directed by the Court, the officer to the warrant is directed shall take such security and shall release
such person from custody.

(2) The endorsement shall state-- (a) the number of sureties. (b) the amount in which they and the
person for whose arrest the warrant is issued, are to be respectively bound; and (c) the time at which he
is to attend before the Court. (3) Recognizance to be forwarded: Whenever security is taken under this
section the officer to whom the warrant is directed shall forward the bond to the Court.

77. Warrants to whom directed: (1) A warrant of arrest shall ordinarily be directed to one or more
police-officers, but any Court issuing such a warrant may, if its immediate execution is necessary and, no
.police-officer is immediately available, direct it to any other person or persons, and such person or
persons shall execute the same.

(2) Warrants to several persons: When a warrant is directed to more officers or persons than one, it may
be executed by all, or by any one or more, of them.

78. Warrant may be directed to landholders, etc.: (1) A [Magistrate of the First Class] may direct a
warrant to any landholder, farmer or manager of land within the district or sub-division for the arrest of
any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence,
and who has eluded pursuit. (2) Such landholder farmer or manager shall acknowledge in writing the
receipt of the warrant, and shall execute it if the person for whose arrest it was issued is in, or enters on,
his land or farm of the land under his charge. (3) When the person against whom such warrant is issued
is arrested, he shall be made over with the warrant to the nearest police-officer, who shall cause him to
be taken before a Magistrate having Jurisdiction in the case, unless security is taken under Section 76.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001

79. Warrant directed to police officer: A warrant directed to any police officer may also be executed by
any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed
or endorsed.

80. Notification of substance of warrant: The police officer or other person executing a warrant of arrest
shall notify the substance thereof to the person to be arrested, and if so required, shall show him the
warrant.

81. Person arrested to be brought before Court without delay: The police officer or other person
executing a warrant of arrest shall (subject to the provisions of Section 76 as to security) without
unnecessary, delay bring the person arrested before the Court before which he is required by law to
produce such person.

82. Where warrant may be executed: A warrant of arrest may be executed at any place in Pakistan.
[Explanation : In this section, "warrant of arrest" includes a warrant of arrest issued under this Code as
in force in Azad Jammu and Kashmir] Explan. added by Code of Criminal Procedure (Amendment) Act.
Vlll of 1993.

83. Warrant forwarded for execution outside jurisdiction: (1) When a warrant is to be executed outside
the local limits of the jurisdiction of the Court issuing the same such Court may, instead of directing such
warrant to a police-officer, forward the same by post or otherwise to any Magistrate or District
Superintendent of Police within the local limits of whose jurisdiction it is to be executed. (2) The
Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name
thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local
limits of his jurisdiction.

84. Warrant directed to police-officer for execution outside jurisdiction:

This legal section outlines the procedure for executing a warrant issued by a court when the
intended action is beyond the court's jurisdiction. In such cases, a police officer with the warrant
must seek endorsement from a local magistrate or a police officer in the jurisdiction where the
warrant is to be executed. This endorsement serves as authority for the police officer to carry out
the warrant within those limits, with the option for local police assistance if needed. However, if
obtaining endorsement would cause significant delays, the police officer can execute the
warrant without it, but still within the jurisdiction specified by the court.

Exception: can arrest person immediately without taking endorsement from Magistrate bcz

,can abscond.

85. Procedure on arrest of person against whom warrant issued: When a warrant of arrest is executed
outside the district in which it was issued, the person arrested shall, unless the Court which issued the
warrant is within twenty mites of the place of arrest or is nearer than the Magistrate or District
Superintendent of Police within the focal limits of whose jurisdiction the arrest was made, or unless
security is taken under Section 76, be taken before such Magistrate or District Superintendent.

Transit Remand;

Definition: Transitremand refers to a legal authorization granted by a court to detain a person

temporarily while they are in transit from one jurisdiction to another. This typically occurs when
a person is being transported from one place to another for legal proceedings, such as
extradition or transfer between prisons.

Ex: A has committed offence in Islamabad, the High Court of Islambad has issued warrant against
accused A. A has absconded to Lahore city. HC of isb directs high court of Lahore to arrest A accused.
Lahore police has arrested A and produce before Judge of Hight court.

Where to produce A acussed now in Isb court or Lahore?

Ans: If the distance is 20 miles from isb to where A was arrested then A will be produced isb court but if
the distance is more than 20 miles then A will be produced to Lahore court firstly from which jurisdiction
A was arrested. Lahore court will not initiate proceeding of accused A but sent to isb court from where
warrant was issued. Here Lahore court issues transit remand of A.
86. Procedure by Magistrate before whom person arrested is brought: (1) Such Magistrate or District
Superintendent shall, if the person arrested appears to be the person intended by the Court which
issued the warrant, direct his removal in custody to such Court. Provided that, if the offence is bailable,
and such person is ready and willing to give bail to the satisfaction of such Magistrate, or District
Superintendent or a direction has been endorsed under Section76 on the warrant and such person is
ready and willing to give the security required by such direction, the Magistrate, or District
Superintendent shall take such bail or security as the case may be, and forward the bond to the Court
which issued the warrant: [provided further that, if the offence is not bailable or no direction has been:
endorsed under Section 76 on the warrant, the Sessions .Judge of the sessions division in which the
person is arrested may, subject to the provisions of Section 497 and for sufficient reasons, release, the
person on an interim bail on such bond or security, as the Sessions Judge thinks fit and direct the person
to appear by a specified date before the Court which issued the warrant and forward the bond to that
Court] 2nd Proviso added by Law Reforms Ordinance, XII of 1972 (2) Nothing in this section shall be
deemed to prevent a police-officer from taking security under Section 76.

[86-A. Procedure for removal in custody to Tribal Areas: Where a person, arrested under Section 85 is
to be removed in custody to, any place in the Tribal Areas, he shall be produced before a Magistrate
within the local limits of whose jurisdiction the arrest was made, and such Magistrate in directing the
removal shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as
may be, including the powers to order the production of evidence, as it the person arrested were
charged with an offence committed within the jurisdiction of such Magistrate, and such Magistrate shall
direct the removal of the arrested person in custody if he is satisfied that the evidence produced before
him raises a strong or probable presumption that the person arrested committed the offence mentioned
in the warrant.

C.—Proclamation and Attachment

Introduction: after all taking necessary measures against accused to compel him to appear in court, if
still avoids to appear then proclamation of his property.

87. Proclamation for person absconding: (1) If any Court is satisfied after taking evidence that any
person against whom a warrant has been issued by it has absconded or is concealing himself so that
such warrant cannot be executed, such Court may publish a written proclamation requiring him to
appear at a specified place and at a specified time not less than thirty days from the date of publishing
such proclamation.

The proclamation shall be published as follows: (a) it shall be publicly read in some conspicuous place
of the town or village in which such person ordinarily resides ;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person
ordinarily resides or to some conspicuous place of such town or village; and

(c) a copy thereof shall be affixed, to some conspicuous part of the Court-house.

(3) A statement in writing by the Court issuing the proclamation to the "effect that the proclamation was
duly published on a specified day shall be conclusive evidence that the requirements of this section have
been complied with and that the proclamation was published on such day.
88. Attachment of property of person absconding: (1) The Court issuing a proclamation under Section 87
may at any time order the attachment of any property, movable or immovable or both, belonging to the
proclaimed person. (2) Such order shall authorize the attachment of any property belonging to such
person within the district in which it is made and it shall authorise the attachment of any property
belonging to such person without such district when endorsed by the [Sessions Judge] within whose
district such property is situated. (3) If the property ordered to be attached is a debt or other movable
property, the attachment under this section shall be made— (a) by seizure; or (b) by the appointment of
a receiver; or (c) by an order in writing prohibiting the delivery of such property to the proclaimed
person or to any one on his behalf; or (a) by all or any two of such methods, as the Court thinks fit. (4) if
the property ordered to be attached is immovable, the attachment under this section shall, in the case
of land-paying revenue to the Provincial Government, be made through the [District Officer (Revenue)]
in which the land is situated, and in all other cases-- (e) by taking possession ; or (f) by the appointment
of a receiver; or (g) by an order in writing prohibiting the payment of rent or delivery of property to the
proclaimed person or to any one on his behalf; or (h) by all or any two of such methods, as the Court
thinks fit. (5) If the property ordered to be attached consists of livestock or is of a perishable nature, the
Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the
sale shall abide, the order of the Court. (6) The powers, duties and liabilities of a receiver appointed
under this section shall be the same as those of a receiver appointed under Order XL of the Code of Civil
Procedure 1908. (6-A) If any claim is preferred to or objection made, to the attachment of any property
attached under this section within six months from the date of such attachment, by any person other
than the proclaimed person, on the ground that the claimant or objector has an interest in such
property, and that such interest is not liable to attachment under this section, the claim or objection
shall be inquired into, and may be allowed or disallowed in whole or in part : Provided that any claim
preferred or objection made within the period allowed by this subsection may, in the event of the death
of the claimant or objector, be continued by his legal representative. (6-B) Claims or objections under
sub-section (6-A) may be preferred, or made in the Court by which the order of attachment is issued or,
if the claim or objection is in respect of property attached under an order endorsed by a [Sessions Judge]
in accordance with the provisions of sub-section (2) in the Court of such Magistrate. (6-C) Every such
claim or objection shall be inquired into by the Court [or Magistrate] in which it is preferred or made.
Proviso: [Omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001.] (6-D) Any person whose claim or
objection has been disallowed in whole or in part by an order under sub-section (6-A) may within a
period of one year from the date of such order, institute a suit to establish the right which he claims in
respect of the property in dispute; but subject to the result of such suit, if any, the order shall be
conclusive. (6-E) If the proclaimed person appears within the time specified in the proclamation, the
Court shall make an order releasing the property from the attachment. (7) If the proclaimed person does
not appear within the time specified in the proclamation, the property under attachment shall be at the
disposal of the Provincial Government but it shall not be sold until the expiration of Six months from the
date of the attachment and until any claim preferred or objection made under sub-section (6-A) has
been disposed of under that sub-section, unless if is subject to speedy and natural decay, or the Court
considers that the sale would be for the benefit of the owner, in either of which cases the Court may
cause it to be sold whenever it thinks fit. Subs./ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

89. Restoration of attached property: If within two years from the date of the attachment, any person,
whose property is or has been at the disposal of Provincial Government, under sub-section (7) of Section
88 appears voluntarily or is apprehended and brought before the Court by whose order the property
was attached; or the Court to which such Court is subordinate, and proves to the satisfaction of such
Court that he did not abscond or conceal himself for the purpose of avoiding, execution of the warrant
and that he had not such notice of the proclamation as to enable him to attend within the time specified
therein, such property or, if the same has been sold, the net proceeds of the sale, or, if part only thereof
has been sold, the net proceeds of the sale and the residue of the property, shall after satisfying there
out all costs incurred in consequence of the attachment, be delivered to him.

Relevant Judgment:

2003 YLR 1915

Decision: Nature of absconder: either absconder is known about summon, attachment of property.