[FULL BENCH.]

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

SEDRIS v. SINGHO.

797-P.C. Panadure, 71,293.

Village Tribunal-Exclusive jurisdiction-Petty thefts-When jurisdiction of Police Court is ousted-Ordinance No. 24 of 1889, ". 28 -Prosecution by police-Has Village Tribunal jurisdiction ?- " Native "-Crown.

The jurisdiction of a Police Court with regard to petty thefts is not ousted, unless it is shown, not only that the property stolen exceeds Rs. 20 in value, but also that the offence can be adequately punished by a Village Tribunal.

It is within the jurisdiction of a Police Magistrate to determine whether, in his opinion, the case is one which could adequately be dealt with by a Village Tribunal; it is not necessary that it should appear on the record that the Magistrate formally addressed himself to this question.

THE accused in this case was charged in the Police Court with theft of a bull valued at Rs. 18, and convicted. ENNIS J. referred the case to a Bench of three Judges.

E. W. Jayawardene (with him Navaratnam), for appellant.-

The jurisdiction conferred on Village Tribunals by section 28 of Ordinance No. 24 of 1889 is