JUDGMENT Brett, J. - 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. Having heard the learned counsel and the learned pleaders on both sides we are of opinion that the rule must be discharged. The order complained of which was passed by the Magistrate was clearly 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 In re Annapurna Bai I. L. R. 1 Bom. 630 (1877), In re Devidin Durga Prasad I. L. R. 22 Bom. 844 (1897) and Basudeb Surma v. Nazeruddin I. L. R. 14 Cal. 834 (1887) that such an order is not an order passed under sec. 517 of the Code of Criminal Procedure. Such an order was therefore not open to appeal and the Sessions Judge was right in dismissing the appeal on the ground that no appeal lay in the case. 2. We therefore direct that the rule be discharged.