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SIVASAMPU v. JUAN APPU


Sivasampu V. Juan Appu

1937 Present : Abrahams C.J., Maartensz and
Soertsz JJ.

SIVASAMPU v. JUAN APPU.

620-P. C. Chilaw, 1,368.

Charge-Offence laid under by-law or regulation-Publication in Gazette- Proof of rule-Evidence Ordinance, s. 57-Interpretation Ordinance, No. 21 of 1901, s. 11.

Where a charge is laid under a statutory rule, regulation, or by-law which is required by law to be published in the Government Gazette, the prosecution is not bound to produce the Gazette in which the rule or regulation or by-law appears in proof thereof in order to establish the charge.

There would be a sufficient compliance with the requirements of the law if in the complaint or report to Court there is a reference to the Gazette in which the rule invoked appears.

Marambe v. Kiri Appu (2 C. L. W. 122) and Inspector of Police v. Punchirala (5 C. L. W. 38) overruled.

THE accused was charged with having failed to affix a board bearing the name of the owner legibly painted in white on a black ground to the right side of the tent in breach of section 7A of the by-laws framed under section 18 of the Vehicles Ordinance, No. 4 of 1916, and published in Government Gazette on A































































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