Present

A trader was charged with selling one and a half pounds of mutton, including J Ib. of offal (viz., suet). The maximum price fixed for mutton without bones was 75 cents per pound and the price charged by the trader for the quantity sold was Re. 1.13.

Held, that the accused had not offended against the Ordinance.

Suet is either mutton or offal. If it be mutton no offence has been committed. If it be offal, the price of offal has not been controlled.

from a conviction by the Magistrate of Colombo.

for the accused, appellant.

for the complainant, respondent.

January 28, 1943.
The appellant was charged (1) with selling " one and a half pounds of mutton including 1/4 pound of offal (to wit, suet) " in contravention of an order dated September 26, 1942, made under the Control of Prices Ordinance (No. 39 of 1939), and (2) with failing to give a receipt in contravention of the said Order. He was convicted on each charge but appeals against the conviction and sentence on the first charge only.

In order to understand the charge, which appears to have been framed with very little thought, it is