1932 Present : Jayewardene A.J.

PRINS v. SABARATNAM.

485-P. C. Colombo, 39,093.

Opium Ordinance-Seizure of opium, in accused's possession-Failure to seal before removal to Police Station-Irregularity not fatal.

There is no inflexible rule that excise articles seized should be sealed immediately after seizure in the presence of the accused, before they are : taken to the Police Station.

It depends on the circumstances of each case whether the failure to seal in the, presence of the accused affords a good defence or not.

APPEAL from a conviction by the Police Magistrate of Colombo.

No appearance for appellant.

H. L. Wendt, C.C., for respondent.

August 24, 1932. JAYEWARDENE A.J.-

The accused has been convicted under the Opium Ordinance, 1910, for possessing four pounds of opium. On April 24, Inspector Prins, having received certain information, followed the accused from the Maradana Railway Station after the arrival of the Jaffna train at 6.30 A.M. He stopped the accused's rickshaw opposite the Socony Petrol Station in Skinner's road south and took the accused inside the depot. He opened the accused's trunk with a key which the accused