075-NLR-NLR-V-44-RAMALINGAM-NADAR-Appellant-and-LEWIS-APPUHAMY-Respondent.pdf
WUEYEWARDENE J.—Ramalingam Nadar and Lewis Appuhamy. 299
1942Present: Wijeyewardene J.
RAMALINGAM NADAR, Appellant, and LEWISAPPUHAMY, Respondent.
431—M. C. Dandagamuwa, 10,664.
Control of Prices Regulations, 1939—Breach of Regulation 6—No evidence ofregulation—Fatal irregularity.
Where, in a charge for breach of regulation 6 of the Control of PricesRegulations, 1939, there was no evidence that an order as contemplatedby regulation 6 was in operation at the material date in the area inquestion and where no reference was given to any Gazette or otherpublication to assist the court to ascertain the nature and scope of theorder,—
Held, that the irregularity was fatal to the conviction.
^^PPEAL from a conviction by the Magistrate of Dandagamuwa.
E. A. G. de Silva for accused, appellant.
H. W. R. Weerasooriya, C.C., for complainant, respondent.
July 14, 1942. Wlteyewabdene J.—
The accused-appellant was convicted by the Magistrate on a charge ofhaving failed to supply a quarter pound of chillies to one Deonis Appu-hamy in contravention of regulation 6 of the Control of Prices Regulartions, 1939.
The evidence led in this case does not show that any tender of paymentwas made to the accused. Deonis Appuhamy’s own evidence is thathe went to the boutique of the accused and “asked ” for a quarterpound of chillies.
300
WIJEYEWARDENE J.—James and Silva.
Moreover, there is no evidence that an Order as contemplated byregulation 6 was in operation at the material date in the area where theoffence was alleged to have been committed. Not even a reference-is given to any Gazette or other publication to assist the Court toascertain the nature and scope of the Order.'
Under these circumstances I am compelled to acquit the accused.Those responsible for prosecutions of this nature should not fall' into theerror of thinking that because these prosecutions are for breaches ofregulations passed in a state of emergency, the Courts would regard thefailure to establish by evidence the essential elements of an offence,as a mere irregularity curable under section 425 of the Criminal ProcedureCode.
Set aside.