(1) If the property or instrument withheld or seized according to paragraph-2 does not appear to be the property obtained from the offense or the instrument related to the offense, or if it appears that such property or instrument has the legal right of an innocent third party, the case related to the offense has not been filed or will not be filed, the investigating officer shall appoint the public prosecutor. After consultation, if such property or instrument is seized, it must be sent in writing to the relevant agency for release, and if it is seized, it must be returned to the concerned person.
(2) If the criminal case has been filed in the court, if it does not find it necessary to retain or control such property or instrument, the court will release such property or instrument.
(3) Subsection
According to (1), if the property or means are released, the details of the investigation officers of Kathmandu, Bhaktapur and Lalitpur districts should be given immediately to the department and the investigation officers of other districts to the respective district administration office.
(4) According to sub-section (2), the court shall give the information about the release of assets or instruments to the relevant public prosecutor's office.
(5) If the details are received according to sub-section (3), the concerned district administration office and if the details are received according to sub-section (4), the related public prosecutor's office shall send the details to the department.