Kachcheri Mudaliyar V. Mohamadu

[FULL BENCH.]

Present : Bertram C.J. and Ennis and De Sampayo J J.

KACHCHERI MUDALIYAR v. MOHOMADU.

1,002-P. C. Anuradhapura, 48,906.

Attempt to commit an offence-Limitation of s. 490 of the Penal Code- The English and Roman-Dutch Criminal law in Ceylon.

An attempt to commit an offence not punishable under the Ceylon Penal Code is itself not an offence, except when the particular enactment creating the offence makes such attempt punishable.

The Ceylon Penal Code abolished not only the law administered in this Colony known as " the Criminal law of the United Provinces " or as " the Roman-Dutch law, " but also the English criminal law, which, to a certain extent, had been imported into the jurisprudence of this Colony.

THE facts are set out in the judgment.

Arulanandan, for appellant.-The accused had not crossed the boundary with the bags of paddy, and hence he cannot be convicted of transporting the paddy into the Central Province. Granting

argumenti causa, that the facts proved in the case constitute an attempt to transport the paddy into the Central Province, such an attempt is not punishable under our law. Section 490 of

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