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Judgment
1 paragraphs · 128 words
1.
We think that the proper order to make in this case was one under sec. 517, Cr. P. Code. It was found at the trial in the dacoity case that Mati Ghosh was not guilty of the offence attributed to him and we must take it that, that finding is conclusive. The money was produced by Mati Ghosh and by his mother-in-law Ichhamoyee. It came from their possession; and no offence having been found at the trial to have been committed in respect of it, it should be returned to the party from whose possession it came. We think that the Magistarte has not taken a right view in this matter, and we accordingly set it aside, and direct that the money be restored to the Petitioners.