K. PIYADASA , Appellant, and R, M, PUNCHI BANDA, Respondent

065-NLR-NLR-V-62-K.-PIYADASA-Appellant-and-R-M-PUNCHI-BANDA-Respondent.pdf


IT. N". O. FERNANDO, J-—Pij/adasa «. Punchi Banda
30T
Present :H. N. G. Fernando, J.K. PIY AD AS A, Appellant, and R. M. PUNCHI BANDA, Respondent
S. C. 490—M. C. Kandy, No. S. R. 9/58
Criminal Procedure Code—Scope of section 419.
Under section 419 of the Criminal Procedure Code the property seized by thePolice must, if there is no inquiry or trial pending in the Magistrate’s Court, borestored to the person who had possession of it at the time of the seizure and notto any other person who claims it.
Appeal, ^from „^
trate’s Court, Kandy.
JW. M.. Kumarahulasingham, for the claimant-appellant.
P.Ranasinghe, "with N. R. M.. Daluwatte, for the claimant-respondent.
Cur. adv. vult.
January 23, 1959. H. K. G. Fernando, J.—
Under section 419 of the Criminal Procedure Code property seized bythe Police has either to be kept in custody pending an inquiry or trial
308
Thiyagarajah v. Per era
or else returned to the person from whose possession it was seized. The•Court has no power under that section to order delivery to be made to■any other person on the ground that he, and not the former possessor,is entitled to possession.
In the present case, there is no inquiry or trial pending in the Magis-trate’s Court and therefore no question of an order for temporary custody :hence possession has necessarily to be restored to the person who hadpossession at the time of the seizure. The order of the learned Magistratewas therefore right, though not for the reasons given by him.
The appeal is rejected, and the application in revision refused.
Appeal rejected.