1915. Present  : De Sampayo A.J.

CASIE CHETTY v. AHAMADU.

129-P. C. Colombo, 51,260

Medicine containing a trace of ganja-Is it an excitable article-Possession of excisable article-Is mens rea necessary for conviction under section 48 of Ordinance No. 8 of 1918 ?

A medicine imported from India containing " a trace of ganja" was held to be an excisable article within the meaning of the Excise Ordinance, No. 8 of 1912.

In respect of the acts made punishable by section 48 of Ordinance No. 8 of 1912, the absence of knowledge (mens rea) is no ground of defence.

THE facts are set out in the judgment.

Tisseverasinghe, for accused, appellant.-Mens rea is an essential ingredient in every offence. Actual knowledge need not in every case be proved. Proof of constructive knowledge may be sufficient. The mere absence of the words " knowingly," " wilfully," or "intentionally," or words to that effect in the clause of a statute creating an offence does not prevent knowledge being necessary. Such absence may and does affect the burden of proof, but not. in all classes of cases. See Regina v. Sleep.1[(1861) 30 L. J. M. C. 170.] The offence was

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