Sub Inspector Of Police Dehiowita V. Boteju

1926 Present: Garvin A. C .J.

SUB-INSPECTOR OF POLICE, DEHIOWITA v. BOTEJU.

380-P. C. Avissawella, 11,368.
 

Buddhist Temple-Public place-Police Ordinance, No. 16 of 1865, s. 60 (2).

A Buddhist temple is not a public place within the meaning of section 60 (2) of the Police Ordinance.

APPEAL from a conviction by the Police Magistrate of Avissawella.

E. G. P. Jayatileke, for accused, appellant.

July 9, 1926. GARVIN A. C. J. -

In this case there is no appeal as of right except upon a matter of law certified in the petition of appeal. The point taken is that there is no evidence that the accused, who was convicted of behaving in a drunk and disorderly manner, did so on a public thoroughfare or in a public place. The general effect of the evidence is that the appellant, who was slightly the worse for liquor, was one of a large concourse of Buddhists who collected at a certain Buddhist temple. He appears to have behaved in a troublesome manner and was arrested by the Police Inspector. The Police Constable states that he saw him misbehaving and using abusive language at the turn to the temple. He was then standing on

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