Wijeysinghe (S.I., Police) V. Dhanapala

1938    Present : Moseley J.

WIJEYSINGHE (S.-I., POLICE) v. DHANAPALA

182-P. C. Kalutara, 33,408.

Motor Car Ordinance-Load of lorries-Excepted persons-Burden of proof- Ordinance No. 20 of 1927, s. 62 (3).

Where a person is charged with breach of section 62 (3) of the Motor Car Ordinance, viz.: " No person shall be carried in a lorry other than the owner or hirer of the lorry or of the goods carried therein or the servant or agent of the owner or the hirer",-

Held, that the burden of proving that the persons carried in the lorry fall within the excepted class of persons lies upon the accused.

Mudaliyar, Pitigal Korale North v. Kiribanda (12 N. L. R. 304) followed.

APPEAL from a conviction by the Police Magistrate of Kalutara.

Colvin R. de Silva, for accused, appellant.

Jansze, C. C for complainant, respondent.

Cur. adv. vult.

July 20, 1938. MOSELEY J.-

The appellant was charged that he being the driver of a certain lorry, carried goods and four passengers in contravention of the conditions or other provisions lawfully inserted in the licence, in breach of section 31 of Ordinance No. 20 of 1927 (The Motor Car Ordinan

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