Present: De Sampayo J.           1919

BANDA   v.   HARAMANIS et al.

 493 and 494-P. C. Henaratgoda, 16,418.

Possession of   beef-Beef   found   in   house   occupied   by   father   and   son-No evidence   as   to   who   was   responsible.

Two accused, father and son, who occupied the same house, were convicted of having been found in possession of beef, for which they were unable to account to the satisfaction of the Magistrate.

Held, that as there was nothing to show that either of the accused put 'the article there, or was responsible for its being found there, the conviction was bad.

" Possession to be criminal must be actual and exclusive, for criminal liability does not attach to constructive possession Where property is found in a house in the possession of more than one inmate, none of them could be said to be in possession of it for the purpose of this offence, unless there is evidence of exclusive conscious control against them. "

THE facts appear from the judgment.

E. W. Jayawardene, for appellants.

July 18, 1919.    De Sampayo J.-

The two accused are father and son, and occupy the same house. They have been convicted,