Section 97
Auction And Management Of Materials Relevant To An Offence
(1) The Court Martial shall protect the materials relevant to an offence which is produced to it in the course of a trial of the case.
(2) In case a materials kept for protection pursuant to Sub-section (1) may be decayed or damaged, the Court Martial may issue an order to auction such materials and to deposit such an amount in the governmental
account (state treasury).
(3) After completion of the proceeding by a Court Martial, the authority having power to approve a verdict and penalty of such Court Martial or an officer senior to such officer or if a decision of a Court
Martial does not need approval for imposing penalty, the Chief of the Army, Corps (Chamu), Divisional Headquarters (Pritana) or Brigade (Bahini) may issue an appropriate order to confiscate, destroy or to return
such materials to the person who claims it as a successor or to sell any goods, or documents related to an offence that are received in the court in the course of the trial in a case.
(4) The official issuing an order pursuant to Sub-section (1) shall send a copy of such order to the Chief District Officer of the area where the materials are being located if the case was not tried with in the territory of
Nepal, and the Chief District Officer shall also cause to perform the acts in accordance with the order.
Explanation: For the purpose of this Section the term “materials” shall include not only the materials held in primary possession or ownership but also materials which have changed their form immediately
or after some time and goods obtained through exchange or income made from the sale.
(2) In case a materials kept for protection pursuant to Sub-section (1) may be decayed or damaged, the Court Martial may issue an order to auction such materials and to deposit such an amount in the governmental
account (state treasury).
(3) After completion of the proceeding by a Court Martial, the authority having power to approve a verdict and penalty of such Court Martial or an officer senior to such officer or if a decision of a Court
Martial does not need approval for imposing penalty, the Chief of the Army, Corps (Chamu), Divisional Headquarters (Pritana) or Brigade (Bahini) may issue an appropriate order to confiscate, destroy or to return
such materials to the person who claims it as a successor or to sell any goods, or documents related to an offence that are received in the court in the course of the trial in a case.
(4) The official issuing an order pursuant to Sub-section (1) shall send a copy of such order to the Chief District Officer of the area where the materials are being located if the case was not tried with in the territory of
Nepal, and the Chief District Officer shall also cause to perform the acts in accordance with the order.
Explanation: For the purpose of this Section the term “materials” shall include not only the materials held in primary possession or ownership but also materials which have changed their form immediately
or after some time and goods obtained through exchange or income made from the sale.