[IN REVISION.]

1913 Present: Wood Renton J.

MODDER v. PERERA.

P. C. Colombo, 37,357.

An act which is an offence under two or more laws-Conviction under one law-Application to Supreme Court to quash conviction so that proceedings may be taken under the other law.

Where any act or omission constitutes an offence under two or more laws, the offender shall be liable to be prosecuted and punished under either or any of those laws, but shall not be liable to be punished twice for the same offence.

THE facts appear from the judgment.

De Saram, C.C., for the Attorney-General.-The offence is one -punishable under section 62 of the Post Office Ordinance of 1908 with seven years' imprisonment. The Magistrate should not have, under the circumstances, tried the case summarily under section
370

of the Penal Code. The application of the Attorney-General is to get the proceedings quashed so that non-summary proceedings may be taken against the accused.

There is nothing, however, to prevent the Attorney-General to take non-summary proceedings against the accused even if this conviction remains. The plea of autrefois convict would not be open to the a