046-NLR-NLR-V-72-N.-DEVENDRAM-Appellant-and-M.-A.-A.-DE-SILVA-Food-and-Price-Control-Inspector.pdf
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ALLES, J.—Dcvcmlram v. De Silva
1969Present : Alles, J.
N.DEVENDRAM, Appellant, and M. A. A. DE SILVA (Foodand Price Control Inspector), Respondent
S. C. 899/68—M. C. Negombo, 19177
Control of Prices Act—Offenders in profiteering cases—Sentence—Applicability ojCriminal Procedure Code, s. 325.
Section 325 of tha Criminal Procedure Coda can properly bo applied inappropriate circumstances in cases of profiteering in contravention of theControl of Prices Act. The Regulation made on 27th Novembor 1907 undersection 5 of tho Public Security Ordinance is no longer operative.
jA-PPEAL from a judgment of the Magistrate’s Court, Negombo.
Felix R. Dias Bandaratiaike, for the accused-appellant.
Tivanka Wideramasinghe, Crown Counsel, for the Attorney-General.
July 15, 1969. Alles, J.—
Counsel for the appellant has not canvassed the facts in this case butonly submitted that this is an appropriate case to which the provisionsof Section 325 of the Criminal Procedure Code should be madeapplicable.
The short point that arises for consideration in this appeal is whethermy decision in Attorney-General v. Gunewardene1 in regard to the exclusionof Section 325 of the Criminal Procedure Code in profiteering cases shouldbe followed. In Attorney-General v. Gunewardene, the Attorney-Generalappealed from an order of the Magistrate and submitted that when aperson contravenes an}' provision of the Control of Prices Act as amendedby Act 16 of 1966, the imposition of a term of imprisonment was obliga-tory, even in the case of a first offender. My order in that case wasdelivered on 21st May 1967 and in my view correctly set out the lawas it stood on that date.
On 27th November 1967 a regulation was made under Section 5 of thePublic Security Ordinance to the effect that Section 325 shall not appl}'to the case of persons charged with an oficnco under the Control of PricesAct as amended by Act 16 of I960. Whatever may have been theintention of the Legislature in promulgating this regulation, it is submittedby counsel for the appellant- that an argument can be urged that inintroducing this regulation, the Legislature indicated that it was notcertain prior to 27th November 1907 whether Section 325 had or had notany application to cases of profiteering instituted and concluded prior
that date, in spite of my decision in Aiiorneij-Gcneral r. Gunewardene
t(t0G7) 70 A”. L. R. G$.
linmn-tamy v. Gunarn'.nt
1S7
It was this doubt in regard to the intention of the Legislature thatappears to have prompted Samcrawickramc, J. in Don Edirisinghe v.Alwis,1 the Chief Justicein Podi A ppukatny v. The Food and Price ControlInspector, Kandy2 and Wceraraantry J. in Gunapala v. Wilson Silva3to take the view that Section 3'25 could properly be applied in appropriatecircumstances to cases of profiteering. Nor docs it appear that CrownCounsel, who appeared for the Attorney-General in the above casescontended otherwise.
Judges of this Court have in recent times dealt with offenders inprofiteering cases under Section 325.{Vide Wijayatilakc, J. in S. C.
295/68, M. C. Colombo 4S04G, S. C. Minutes of 22.11.68 and dc Kretscr J.in S. C. 1070/6S, M. C. Batticaloa 24123, S. C. Minutes of 28.5.69.)The emergencj- has now been lifted and the regulation of 27th November1967 is no longer in operation.
For the above reasons, my decision in Attorney-General v. Guneicardencshould not be followed.■— –
This case appears to me to be one to which the provisions of Section 325should be made applicable, in view of the youth of the offender. CrownCounsel, after investigation, has informed me that the appellant was alittle over 14 rears of age at the time of the commission of the offence.
I therefore set aside the sentence of three (3) months’ rigorousimprisonment inposed on the appellant and warn and discharge him.
Acting under Section 325 (3) of the Criminal ProccdureCode, I directhim to pay Rs. 500 as costs of the proceedings. Subject torhss variationin the sentence, the appeal is dismissed.
Sentence varied.