Strict compliance with proclamation requirements is mandatory; defective publication makes any consequential property attachment unlawful.

Strict compliance with Section 87 CrPC is mandatory where a proclamation is a condition precedent to attachment. The proclamation must specify a date not less than 30 days from publication, be published in the prescribed manner, and be properly recorded by the court. Here, the proclamation failed to fix a precise date, misstated the 30-day requirement by counting from issue rather than publication, and was not shown to have been publicly read or affixed at the court-house. The proclamation was therefore void, and the attachment based entirely on it was unlawful and unsustainable; the attached property was ordered to be restored.

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Issues: Whether the proclamation issued under Section 87 of the Code of Criminal Procedure was valid, and whether the attachment of the petitioner's property could be sustained when the proclamation did not comply with the mandatory requirements of law.

Analysis: The mandatory requirements of Section 87 were held to include specification of a time not less than 30 days from the date of publication, due publication in the prescribed manner, and proper recording of publication by the Court. The proclamation in the present case fixed no precise date, referred incorrectly to 30 days from the date of issue rather than publication, and was not shown to have been publicly read or affixed at the court-house. In the absence of compliance with these requirements, the proclamation was invalid and no presumption of due publication arose. Since the attachment depended entirely on the validity of the proclamation, the attachment could not survive once the proclamation was held to be a nullity.

Conclusion: The proclamation was invalid and void, and the attachment of the cattle was illegal and unsustainable; the attached property was directed to be restored to the petitioner.

Ratio Decidendi: Where the statute makes a proclamation a condition precedent for attachment, strict compliance with the prescribed time and mode of publication is mandatory, and non-compliance renders the proclamation void and any consequential attachment unlawful.

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