Present: Appellant, Respondent

In a charge of unlawful possession of opium and ganja te packet seized in the possession of the accused was sealed at the Police Station in the presence of the accused with the Police seal along with the accused's thumb impression.

On the following day at an inquiry held by the Assistant Superintendent of Police regarding certain allegations made by the accused against the Police Officers, who took part in the raid, the seal was broken by the Assistant Superintendent of Police and resealed with his private seal which was identified by the Sub-Inspector of Police, who gave evidence at the trial.

Held, that the failure to reseal the packet in the presence of the accused was not a fatal irregularity.

PPEAL from an acquittal by the Magistrate of Point Pedro.

for the complainant, appellant.

for the accused, respondent.

Cur. adv. vult.

June 9, 1944.

This is an appeal with the leave of the Attorney-General against the acquittal of the respondent for having on July 12, 1943, committed an offence punishable under section 76 (5) (a) of the Poisons, Opium and Dangerous Dr