1938 Present: Wijeyewardene J.

WANIGASEKERE v. MUSTAPHA.

215-P. C. Kurunegala, 56,144.

Milk-Adulterated milk kept on premises-Proof of exposure for sale-Essential for prosecution-Small Towns Sanitary Ordinance, No. 18 of 1892, s. 9E (2).

Where the accused was charged with exposing for sale or keeping on the premises of his tea boutique adulterated milk in breach of a by-law framed under section 9E (2) of the Small Towns Sanitary Ordinance, which was as follows : -

"No adulterated milk should be sold or offered or exposed for sale or kept on the premises of any eating-house or tea or coffee boutique.

For the purposes of this rule adulterated milk shall mean milk to which water or any other foreign liquid or substance has been added for the purpose of augmenting its quantity or enhancing its apparent quality?.

Held, that the prosecution was bound to prove that the adulterated milk was kept on the premises for purposes of sale.

Wijeyratne v. Abdulla (31 N. L. R. 310) referred to.

APPEAL against an acquittal with the sanction of the Attorney-General.

F. C. W. VanGeyzel, for complainant, appellant.

Cyril E. S. Perera, for acc