The only point that requires consideration in this case is whether the petitioner is entitled to the restoration of his property which was attached under section 88 of the Code of Criminal Procedure.

2. The petitioner was wanted in a case of arson and looting of foodgrains along with many others. The police filed a charge-sheet after investigation against 39 persons including the petitioner for offences under sections 147, 343, 428, 437, 461 and 396 of the Indian Penal Code, showing the petitioner as absconding. Out of them 8 accused were convicted and others were acquitted. On appeal to the High Court those who had been convicted also were acquitted. Before the trial commenced a warrant was issued for his arrest and in spite of extension of time and efforts made he could not be traced. On 30th January, 1966, a proclamation was issued under section 87(3) of the Code of Criminal Procedure, calling upon him to appear on or before 2nd March, 1966. Thereafter the Magistrate being satisfied that the petitioner was absconding and concealing himself to avoid the warrant and had failed to appear, made an order directing attachment of the property of the petitioner as per the provisio