Silva vs Rajelis – clr volume 1 page 039

In SILVA v. RAJELIS, the issue concerned whether a police magistrate possesses the authority under section 478 of the Criminal Procedure Code to order the restoration of property produced before the court, notwithstanding the defendant’s acquittal of dishonestly retaining the property. It was held that restoration is permissible where evidence establishes the complainant’s ownership and confirms the occurrence of theft, independent of the accused’s acquittal on grounds of good faith purchase. Interpretation of the relevant statutes and reference to precedents such as in re Annapuranabi established that property should be restored to the rightful owner when it is shown to have been stolen. This principle affirms judicial responsibility to return property irrespective of a conviction, unders