Murray-Aynsley CJ:

I think that this order must be set aside on the grounds that the nature of the liquid found in the car was proved by a certificate of the analyst.Further I do not think that the Magistrate had jurisdiction to decide whether a forfeiture had taken place.Section 69, in my opinion, merely enables a Magistrate's Court to order a forfeiture where such forfeiture arises out of an order of a Court.In my opinion the forfeiture, if any, arises out of seizure whilst being used for the purpose of carrying contraband liquor.Thereafter the question is one of title to be decided by the civil Courts if a dispute arises.

Section 218 of the English Customs Consolidated Act, 1876, on which s. 69 is based, has the words "and the liability to forfeiture of any goods seized" which are omitted in the Ordinance.

Further s. 226 of the Act gives Justices power to condemn goods in cases like the present one.There is no corresponding section here.

Appeal allowed.