1929 Present: Lyall Grant J.

WIJEYRATNE v. ABDULLA.

686-P. C. Kandy, 29,375.

Milk-Possession of adulterated milk-Owner of tea kiosk-Burden of proof-Small Towns Sanitary Ordinance, No. 18 of 189S, Chapter 4, by-law 9.

Where milk was found mixed with water in the possession of the owner of a tea kiosk who was charged with a breach of by-law 9 of Chapter 4 of the by-laws framed under the Small Towns Sanitary Ordinance,-

Held, that there must be affirmative proof that the milk was adulterated for the purpose of augmenting its quantity within the meaning of the by-law.

APPEAL from a conviction by the Police Magistrate of Kandy.

E. H. T. Gunasekere, for appellant.

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

December 13, 1929. LYALL GRANT J.-

This is an appeal against the conviction of the keeper of a tea kiosk and eating-house for keeping adulterated milk on the premises of his tea kiosk and eating-house. The evidence against the accused was that of a Sub-Inspector and a police officer who made a raid on some tea boutiques' one morning.

The Sub-Inspector said that about 7 A.M. when passing the boutique of the accused he saw a bottle o