DURAYA v. APPUHAMY
Present; Bertram C.J.
DURAYA et al. v. APPUHAMY et al.
60-61-P. C. Gampaha, 50.
Selling rice above controlled price-Misjoinder of charges-Failure to specify
particulars of offence-Criminal Procedure Code, s. 1B7-Inquiries at Ike spot by
Police Magistrates.
Four persons (from two different boutiques) were charged with " gelling rice at
various dates in December, 1919, at thirty-four cents per measure, that ia,
above the controlled price, an offence against the Defence of the Colony
Regulations, at Attange Uda-gama. "
Held, that the charge wag irregular (a) as there was a misjoinder of parties;
and (b) as it did not particularize the sales which are said to have been an
infringement of the regulations.
Observations as to the procedure to be followed by Magistrates in inquiries at
the spot into complaints made by villagers.
THE facts appear from the judgment.
J. S. Jayawardene, for the appellant, in No. 60.-The accused should not have
been charged together, as they are alleged to have sold rice at various times
and places. The charge also fails, as it does not specify the particular time
and place where the offence was committed, and do
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