Jayasuriya V. Warnakulasuriya

1958 Present : H. N. G. Fernando, J,

D. JAYASURIYA, Appellant, and H. WARNAKULASURIYA,
Respondent

S. C. 1,174, with Application 92-M. C. Tangalla, 72

    Criminal Procedure Code-Seizure by police officer of property alleged to have been stolen-Power of Magistrate to order delivery of such property to a person- Sections 413, 419.

Section 419 of the Criminal Procedure Code does not afford a means of settling civil disputes. It cannot be utilised by a " complainant " in order to obtain an order of possession from a Magistrate of any article seized from the

possession of another as being stolen property if the other person denies the theft and claims the property as his own. In such a case section 413 is the only provision which can be invoked, and it may be invoked only after the conclusion of proceedings instituted under section 148.

APPEAL, with application in revision, from a judgment of the Magistrate's Court, Tangalla.

A. F. Wijemanne, for the petitioner and appellant.

E. B. Sathrukulasinghe, for the respondent.

Cur. adv. vult.

March 25,1958. H. N. G. FERNANDO, J.-

The proceedings before the Magistrate commenced with an "

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