M.R. Hariharan Nair, J.

A theft of various valuables belonging to the Puthyyedathukavu Devaswom Temple, Taliparamba, represented by the present revision petitioner, took place on 10.11.1983. Gold ornaments including a gold crown totally weighing 427 gms and silver articles weighing 4.122 kilograms were stolen. Subsequently two persons were arrested and based on the confession statement given by the second accused part of the stolen articles as ingots were recovered from the Manohar Jewellery, of which the first respondent is a partner. After trial, though both the accused were convicted by the trial court, this court in a Criminal Revision acquitted the second accused.

2. The first respondent had filed C.M.P. No. 2620of 1990 on 11.7.1985 before the trial court seeking return of the ingots. Though the petition was filed invoking Sec. 451 of the Cr.P.C. it was ultimately disposed of only by the transferee court after conclusion of the trial and at that time the power available with the court was under sec. 452 only. The trial court, after considering the question of return of Mos. 39 and 40, which were the ingots weighing 221 grams of gold and 1.388 kgs. Of silver, allege