Jackson, J.

1. The petitioner seeks in revision to set aside the order of the 2nd Class Magistrate, Tittagudi, under Section 517, Criminal Procedure Code, confirmed by the District Magistrate,. South... Arcot, under Section 520, Criminal Procedure Code, giving possession to counter-petitioner of an omnibus taken from the petitioner by the Police- The charge of theft lodged by the counter-petitioner against the petitioner under Section 379, Indian Penal Code, was found to be unsustainable.

The case-law on this subject is as follows:

In Syed Mohideen Sahib, In re (1883) 2 Weir 667 (Cr. R.C. No. 892 of 1883) it is laid down that the property should ordinarily be delivered to the person by whom it has been produced; and if there is a bona fide dispute the Magistrate may impose conditions upon that person. This is followed in the next case, and purports to be followed in the next after that, where In re Annapurnabai(1877) I.L.R. 1 B. 630, is cited to-the same effect.

2. In Kanagasabai v. Emperor (1910) I.L.R. 34 M. 94: 20 M.L.J. 425., it is ruled that the Magistrate has jurisdiction to decide the question of possession, and In re Sadashiv (1908) 11 Bom. L.R. 16. supports that rule. Sri