1957 Present: T. S. Fernando, J.

G. RETTIAR and others, Appellants, and T. PACKIAM and another
Respondents

S. C. 741-745, with Application 169-M.C. Jaffna, 5,862

    Criminal Procedure Code Section 413-" Produced be/ore the court"-Order for, disposal Of property regarding which an offence appears to have been committed.

At a non-summary inquiry into charges of house-breaking and theft, it was shown that some of the stolen jewellery belonging to the 1st and 2nd claimants had been melted down by two persons, to whom the burglar had given them, into bars of gold and sold to the 3rd to the 7th claimants. The bars of gold were in the custody of court and had been itemized in a list attached to the report to court. During the non-summary inquiry the accused burglar died and the question of his committals for trial did not therefore arise. Thereafter the claims made by the 3rd to the 7th claimants were rejected and the gold was ordered to be handed over to the 1st and 2nd claimants.

Held, that the bars of gold had been produced before the court within the meaning of section 413 of the Criminal Procedure Code and that the Magistrate's order in f