1938   Present : De Kretser A.J.

PERKINS v. DEWADASAN.

 813-P. C. Kurunegala, 53,499.

Medical Ordinance-Unregistered medical practitioner-Charge of practising' for gain-Burden of proof-Ordinance No. 26 of 1927, s. 41 (b).

Where a person is charged under section 41 (b) of the Medical Ordinance with practising for gain, not being a registered medical practitioner, the burden of proving that he is a registered medical practitioner is on the accused.


THE charge against the accused respondent was that he did " not being a medical practitioner practise for gain in that he did. give an injection to one C. D. Horatala and recover a sum of rupees four for same in breach of section 41 (b) of Ordinance No. 26 of 1927 ".

The prosecution proved that the accused had a dispensary and that on December 12, 1936, Horatala went to the dispensary suffering from fever. An injection was given on the arm and a fee of four rupees was charged by the accused. A Gazette of April, 1937, was also produced to prove that the accused's name did not appear in the List of Registered Medical Practitioners, but that his name appeared among the Pharmacists.

At the close