JUDGMENT Harington and Brett, JJ. - In this case a Rule was issued calling upon the Deputy Commissioner of Sylhet to show cause why the order of the Sessions Judge dismissing the appeal of the Petitioner should not be set aside and the appeal directed to be heard on the merits. 2. Having heard the learned Counsel and the learned pleader on both sides, we are of opinion that the Rule must be discharged. The order complained of which was passed by the Magistrate was dearly an order directing the restoration of property in respect of which no offence had been committed to the person in whose possession that property was found. It has been held by this Court and by the Bombay High Court in the cases of Basdeb Surma Gossain v. Naziruddin ILR (1887) Cal. 834, In re Annapurnabai ILR (1877) Bom. 630 and In re Devidin Durgaprasad ILR (1897) Bom. 844, that such order is not an order passed u/s 517 of the Code of Criminal Procedure. Such an order therefore is not open to appeal and the Sessions Judge was right in dismissing the appeal on the ground that no appeal lay iii this case. 3. We therefore direct that the Rule be discharged.