1936 Present: Akbar S.P.J.

GOONERATNE v. MAHADEVA.

83-P. C. Colombo, 38,414.

Criminal Procedure-Power of Police Magistrate to try accused summarily as District Judge-Appointment of Magistrate-Notification by Attorney-General-Presumption regarding official acts-Evidence Ordinance, s. 114 -Criminal Procedure Code, s. 152 (3).

A Police Magistrate, who is also District Judge, has power to try summarily under section 152 (3) of the Criminal Procedure Code an accused person against whom he has taken non-summary proceedings in respect of the same offence.

Where a notification appeared in the Government Gazette signed by the Attorney-General to the effect that H. E. the Governor had appointed a certain person to act as Police Magistrate during a stated period,-

Held, that a Court would presume that the appointment was regularly made.

APPEAL from a conviction by the Police Magistrate of Colombo.

H. V. Perera (with him N. E. Weerasooria, N. Nadarajah, and de Jong), for accused, appellant.

J, E. M. Obeyesekere, Deputy S.-G. (with him H. W. R. Weerasooriya C.C.), for Crown, respondent.

July, 1936. AKBAR S.P.J.-

Mr. H. V. Perera who appears