OSSEN  v. SIADORIS.

 P. C, Hatton, 18,210.

Possession of false weights-Intention to use fraudulently-Testing of balance-Ceylon Penal Code, s. 259-Ordinance No. 11 of 1887.

It is not an offence under section 259 of the Penal Code as amended by Ordinance No. 11 of 1887 to possess a false weight unless such possession be with the intention to use it fraudulently.

And the mere possession of a weight which does not conform to the standard, and even the use of it, is not presumptive evidence of an intention to use it fraudulently.

A balance used for testing a weight which is alleged to be a false one should itself be tested before it is applied as a test.

THE accused was charged under section 259 of the Penal Code 1- as amended by Ordinance No. 11 of 1887 with " having been " in possession of a false weight intending that the same may be " fraudulently used," and was convicted and sentenced to pay a fine of Rs. 25.

The accused appealed.

Jayewardene, for appellant: There is no evidence that the weights are false. There is nothing to show in what balance they were weighed. The difference may be due to some defect in the scales. Even assuming that the weights are false, there is nothing to show that the accused intended to use them fraudulently. It is essential that a fraudulent intention should be proved, as will appear from the express provision to that effect made by Ordinance No. 11 of 1887. The conduct of the accuseds clearly shows that they were not aware of the weights being false, and that they had no fraudulent intention.

8th November, 1895. Withers, J.

The appellant has been convicted of the offence of being in possession of a false weight, to wit, a 1-lb. weight, intending that the same may be fraudulently used, against the provisions of section 259 of the Penal Code as amended by Ordinance No. 11 of 1887 ; and the question is whether his guilt has been proved.

The facts are briefly these. The appellant is a boutique-keeper. On the 7th of September last the appellant and other boutique-keepers were required by a sergeant of police to bring their weights and measures to the store of one Periyannen Chetty to be tested. Accused's boutique is opposite this Chetty's boutique, where the sergeant of police was seated when he gave orders to

 the boutique-keepers to bring their weights and measures. The Withers, J. measures not being presently in question, I confine myself to the weights.

The accused brought out of his boutique a 1-lb. weight, a 1/2-lb