JUDGMENT 1. - This revision petition is preferred against the judgment dated 23.2.76 of the Additional Sessions Judge, Udaipur, by which in appeal, the order of the Munsif Magistrate, Mavli, was upheld. 2. The facts briefly stated are that on 19.3.1972, the petitioner lodged a report of theft on which a case was registered. During the investigation various stolen articles and Rs. 500/- in currency notes were recovered on the information (under section 27 of the Evidence Act) of accused Ram Lal and Mangi Lal. The learned Magistrate, while acquitting the two accused, directed the confiscation of these ornaments and the currency notes on the ground that Chaturbhuj failed to establish that he was the owner of these ornaments and the currency notes. 3. I have heard the learned counsel for the petitioner and learned Public Prosecutor for the state and also perused the record very carefully. 4. It appears that the learned lower courts have failed to examine Ex. P 11, the disclosure statement of accused Ram Lal and Ex. P/13, the disclosure statement of accused Mangi Lal, wherein they admitted that these properties belonged to Chattir bhuj. On the basis of these disclosure statements, the lower courts ought to have directed the return of this property to the petitioner Chaturbhuj. It may be stated that the two disclosure statements Ex. P 11 and Ex. P/13 are admissible to find out the owner-ship of the property, as has been held in the following two authorities of our own High Court Mst. Phuti v. Bhanwal Lal, 1965(2) Cri L.J. 702 :- "Though the use of statements recorded during investigation is barred by S. 162, Criminal P. C., during an enquiry or trial relating to the offence under investigation when such statement was made, an order for disposal of property is passed after the conclusion of an enquiry or trial as the opening words of S. 517 show and S. 162 cannot be a bar for using those statements in such proceedings where the question of right of possession of the property is only looked into by the Court and not of its ownership. Held, on facts that the statement made by a dealer during investigation that the stolen ornaments sold to him were melted and that ingot of gold taken from him was of the same ornaments and of no other was admissible as his admission under S. 21, Evidence Act, in proceedings under. S. 517, Criminal P. C. and M/s. Dhanraj Baldeo Kishan through its partner Dhanraj and another v. The State, 1965(2) Cri.L.J. 805 . "Applying this view to the cases before me find that the accused had doubtless made a confession in each of these two cases that he had recovered the sum of Rs. 3,800 from the sale of the stolen bags in Dhanraj's case and sum of Rs. 1200, likewise, in Radha Kishan's case, and that he had buried these sums of money at a place which was specified by him and from which these were subsequently recovered. This entire statement was of course not admissible in evidence against the accused at his trial, and, as already stated, for certain reasons into which it is not necessary to go, the accused was acquitted. I should, however, like to point out in particular that the learned appellate judge who acquitted the accused had nothing to say against the veracity of the confessional statement referred to above. That being so, I am clearly of opinion that these entire statements including those parts which might not have been admissible at the trial of the accused whether under S. 25 of the Evidence Act or S. 162 of the Code of Criminal Procedure were perfectly good material for the purpose of S. 517 Cr. P. C. In other words, we have it from the accused himself that these monies had been realised by him from the sale of the stolen commodities which undoubtedly belonged to the complainants." 5. After perusal of the Ex. P./11 and Ex. P./13, I am satisfied that the properties in question belonged to Chaturbhuj and it ought to be returned to him. 6. In the result, the revision petition is accepted. It is directed that the property in dispute be returned forthwith to the petitioner Chaturbhuj.Petition accepted. *******