[IN REVISION]

1933 Present: de Silva A.J.

COSTA v. PEIRIS.

P. C. Chilaw, 38,040.

Search warrant-Order respecting property seized-Powers of Police Magistrate-Right to restore property to person from whom it is taken -Criminal Procedure Code, ss. 413 and 419.

Under section 419 of the Criminal Procedure Code a Police Magistrate has power to order property seized on a search warrant to be restored to the person from whom it was taken. Before exercising his discretion under the section the Magistrate is bound to give notice to the adverse party.

APPLICATION to revise an order made by the Police Magistrate of Chilaw.

Hayley, K.C. (with him Ranawake and R. H. E. de Silva), for the applicant.

H. V. Perera, for the respondent.

Cur. adv. vult.

May 22, 1933. DE SILVA A.J.-

On October 26, 1932, the complainant charged the accused with criminal misappropriation of certain property which included an iron safe said to contain about Rs. 1,300 in cash. On October 29, a search warrant was issued by the learned Police Magistrate of Chilaw directing a search for the property in the house of the accused. On October 31, a return was made and among the things