H. A. Koattegoda. V. S. J. Kadirgamar

1946 Present: Dias J.

IN RE SUPPIAH

In revision-M. C. Colombo, 16,289.

Criminal procedure-Conviction for criminal breach of trust-Order for dispose! of property regarding which offence was committed-Criminal Procedure Code, s. 413 (1).

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

APPLICATION to revise an order of the Magistrate's Court. Colombo,

H. A. Koattegoda, for the petitioner.

S. J. Kadirgamar, for the 2nd and 3rd respondents.

Cur. adv. vult.

October 23, 1946. DIAS J,-

In this case the Police charged one Madasamy Suppiah with having on April 23, 1946, committed criminal breach of trust of 15 cases of

Capstan Navy Cut cigarettes, the property of the third respondent, which had been entrusted to Suppiah as a carter, in breach of section 390 of the Penal Code, Amongst the productions referred to in this plaint are 205 tins of cigarettes-Capstan Navy Cut (P2). It appears that Suppiah misappropriated these cases and transferred them to Somapala, who transferred them to Noris, who in turn sold them to the second petitioner

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