Excise Inspector Point Pedro V. Thankamma

Present: Jayewardene A. J.

EXCISE INSPECTOR, POINT PEDRO, v. THANKAMMA.

720-P. C. Point Pedro, 1, 075.

Search warrant-Presence of the occupant of the place searched-Method of effecting an entrance-List of articles seized-Criminal Procedure Code, ss. 25, 75, and 76.

In the execution of a search warrant under section 76 of the. Criminal Procedure Code, the provision which requires the presence of the occupant of the place searched or of someone on his behalf must be strictly observed as a guarantee of the reality of the search.

Where an Excise Inspector in executing a search warrant found himself unable to gain entrance to a house, and sent one of his officers to ascend the roof and let himself down, -

Held, that the method adopted was a violation of the procedure laid down in section 25 of the Criminal Procedure Code, which requires the officer executing the warrant to "break open any outer or inner door " in order to effect an entrance to such a place.

The terms of section 25 of the Criminal Procedure, which requires an officer to make a list of the things seized are imperative.

APPEAL from a conviction of an offence under section 43 (a) of the Excise Ordinance, No. 8 of 1912, of being in possession of ganja. On a search warrant issued by the Police Magistrate of Point Pedro, the complainant, an Excise Inspector, entered and searched the house of the accused, a woman, and found some ganja in a box in a wall and some wrapped in a paper in a locked box. The accused was not present at the search. The Excise Inspector went to the house accompanied by three sergeants. When he found the accused absent and the house locked, he sent one of his sergeants to go up the roof of the house. The latter removed some of the cadjans and let himself down to the house and opened the door from inside, when the ganja, it was alleged, was discovered. The defence was that the ganja was introduced from outside, and that the circumstances under which the entry was made and the search conducted enabled it to be done. The learned Police Magistrate convicted the accused, and sentenced her to pay a fine of Rs. 100.

H. V. Perera, for accused, appellant.

January 23, 1925. Jayewardene A. J. -

In this case the appellant has been convicted of being in possession of ganja, an offence punishable under section 43 (a) of the Excise Ordinance, and sentenced to pay a fine of Rs. 100. Objection is taken to the conviction on various grounds.

On a search warrant issued by the Police Magistrate of Point Pedro, the Excise Inspector says he entered and searched the house of the accused, who is a woman, and found ganja, some in a box on a wall and some wrapped in a paper in a box which was locked. The accused was not present at the search, and she says she was at Jaffna on the day in question. The Excise Inspector went to the house accompanied by three Excise Sergeants and others. When he found that the house was locked, and the accused, the occupant of the house, absent, he sent for the Vidane of Valvetty, who came up. He then sent one of his sergeants, Ramalingam, to the roof of the house. The latter went up, removed some of the cadjans and got down into the house, and opened the door from inside. Then the Inspector's party entered the room and found a tin (C 1) containing six packets of ganja on the eastern wall and some ganja wrapped up in a piece of paper in the box which was locked. The Inspector also says that- he found some pills, which he says are opium pills, but they do not come into this case. The defence contends that the excisable articles have been introduced from outside, and that the circumstances under which the entry was made and the search conducted enabled this to be done.

Under section 37 of the Excise Ordinance, the provisions of the Criminal Procedure Code relating to arrests, searches, and search warrants are applicable to all action taken in these res

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