Police Sergeant, Tangalla V. Latiff

1914 Present: Lascelles C.J. and Wood Renton J.

POLICE SERGEANT, TANGALLA, v. LATIFF.

592-P. C. Tangalla, 1,917.

Possession of fresh hide-Report to Court that accused, was unable to account for possession-Charge under s. 10 of Ordinance No. 14 of 1907 (s. 21 of Ordinance No. 9 of 1893).

A report was made under section 148 (b) of the Criminal Procedure Code to the effect that the accused was found in possession of a fresh hide for which he was unable to account. On that report summons was drawn in the same terms, charging the accused under section 21 of Ordinance No. 9 of 1893 (as amended by section 10 of Ordinance No. 14 of 1907).

Objection was taken that it was not open to the Magistrate to charge accused under the section without first calling upon accused to account for his possession of the hide.

Held, that the explanation of the summons was a direct invitation to him to make any explanation which he could of the circumstances under which this hide came into his hands.

" The accused denied that he ever had the hide at all, and that being his defence, the question of expecting him to explain how it came into his hands did no

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