[IN REVISION.]

1934   Present: Drieberg J.

SHAND v. ATHUKORALE.

 D. C. (Crim.) Colombo, 10,871.

Criminal Procedure-Order for disposal-Conviction for criminal breach of trust-Sale of Goods Ordinance, s. 23 (2)-Criminal Procedure Code, s. 413.

A District Judge has no power to order goods in respect of which criminal breach of trust has been committed to be restored to the owner.

APPEAL from an order of the District Judge of Colombo.

H. V. Perera, for petitioner.

Bartholomeusz for respondent.

Pulle, C.C., for the Attorney-General.

October 30, 1934. DRIEBERG J. -

At the conclusion of the trial the learned District Judge made an order under section 413 of the Criminal Procedure Code that 3,351 lb. of rubber then in the possession of the petitioner Edward Shand, the Manager of Hull, Blyth &. Company Limited, be delivered to the respondent. The petitioner asks that this order be dealt with in revision and set aside.

The facts, so far as they are necessary for the purpose of this application, are as follows:-The respondent on November 30, 1933, gave 3,360 lb. of rubber to the accused Richard, a carter, to be delivered to the Goodyear Rubber