Inspector Of Police, Kalutara V. Arasecularatne Et Al.,

Present: Jayewardene A.J. 1923.

INSPECTOR OF POLICE, KALUTARA,
v.
 ARASECULARATNE et al.

407-P. C. Kalutara, 3,213.

Unlawful gaming-Prosecuting inspector refusing to disclose name of informant-Adverse inference drawn by Magistrate.

The information on which the search warrant under section 6 of the Gaming Ordinance, 1889, is issued forms part of the record of the case, and ought to be available to the defence, for, it is open to the accused persons to refer to the information on which the search warrant was issued, and contend that the information did not justify the issue of a warrant, and that the case against them should be treated as if the presumptions created by the entry under the warrant were non-existent.

The prosecuting inspector in- his evidence in cross-examination refused to disclose the name of the informant; and the Magistrate drew an adverse inference against the prosecution from the refusal.

Held, " If the informant to the police had not given any information to the Magistrate, or if counsel for the accused was referring to some other informant, then the witness would have been justi

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