Joseph V. The Attorney General

1946 Present : Wijeyewardene J.

JOSEPH, Appellant, and THE ATTORNEY-GENERAL,
Respondent.

426-Application for revision in M. C. Colombo, 14, 738

Criminal Procedure Code, s. 413 (1)- Disposal of property under-Validity of such order where accused is acquitted-Evidence Ordinance, s. 24- Admissibility of confession for other purposes than as a confession.

Where an accused is acquitted on the ground that the evidence to prove the alleged offence is insufficient, the court can, nevertheless, by virtue of section 413(1) of the criminal procedure code, make an order for the disposal of the property produced before it by directing its delivery to a person entitled to its possession, if the court considers that an offence has been committed in respect of that property. The opinion of court as to the ownership of the property may be based on a confession made by the accused; section 24 of the Evidence Ordinance which makes confessions ?irrelevant in a criminal proceeding? does not prevent a court from acting on them in an application under section 412 (1) of the Criminal Procedure Code.

APPLICATION to revise an order of the Magistrate?

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