1927 Present : Schneider and Lyall Grant JJ. and Drieberg A .J.

NAGAIYA v. JAYASEKERE.

38-V. C. Colombo, 26,383.

Electricity-Can it be movable of theft-Movable properly-Penal Code, ss. 20 and 367.

Electric current is not movable property within the meaning of section 20 of the Penal Code and cannot be the subject of the offence of theft.

CASE referred by Lyall Grant J. to a Bench of three Judges on the question whether under the law of Ceylon electricity can be the subject of theft.

H. V. Perera (with N. E. Weerasooriya), for accused, appellant.

Grenier, C.C., for the Attorney-General.

March 22, 1927. SCHNEIDER J.-

I agree with the judgment of my brother Drieberg. An opportunity to read it has been kindly afforded me by him. The only observation I would desire to add is that as the Penal Code has not defined " corporeal property " or " movable property," except to indicate what property of a corporeal nature is not to be regarded as included in the term " movable property," that we must resort to the general law, that is, our common law, to ascertain the meaning to be attached to the terms " movable property " and " corporeal p