Sub-Inspector Of Police, Kurunegala V. Ran Manika

 1927 Present: Dalton J.

SUB-INSPECTOR OF POLICE, KURUNEGALA v. RAN MENIKA.

638-P. C. Kurunegala, .9,873.

Lotteries Ordinance-Forfeiture of properly-Prizes of the lottery- Powers of Court-Criminal Procedure Code, Chapter XL.

Where a person was convicted of an offence under the Lotteries Ordinance, the Court has no power to order the forfeiture of articles in the possession of the accused said to be the prospective prizes in the lottery.

APPEAL from an order of the Police Magistrate of Kurunegala, confiscating a travelling cart, a race cart, and a bull, which were in the possession of one Herathamy, who was convicted of publishing proposals for a lottery. They were seized us the prospective prizes in the lottery, but no order was made confiscating them on the conviction of the accused. Some time later the appellants filed a petition claiming the property as theirs; and after inquiry the learned Police Magistrate made the order appealed from.

H. V. Perera (with Chelvanayagam), for appellants.

Schokman C. C., for the Crown.

January 18, 1927. DALTON J.-

This is an appeal by two persons, Ran Menika and Ukku Banda

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