Inspector Of Police, Batticaloa V. Ponniah

1938 Present: Koch J.

INSPECTOR OF POLICE, BATTICALOA v. PONNIAH.

99-P. C. Kalmunai, 23,389.

Post Office-Misbehaviour in a public place-Penal Code, s. 488.

A Post Office is a public place within the meaning of section 488 of the Penal Code.

APPLICATION for revision of an order of the Police Magistrate of Kalmunai.

C. T. Olegasegaram, for accused, petitioner.

E. H. T. Gunasekara, C. C., for Crown, respondent.

Cur. adv. vult.

June 22, 1938. KOCH J. -

The petitioner was charged with having misbehaved himself while in a state of intoxication in a public place, namely, the Kalmunai Post Office, to the annoyance of the Postmaster of Kalmunai, an offence punishable under section 488 of the Ceylon Penal Code. He was convicted and fined Rs. 10 in default one week's simple imprisonment.

On the merits, I have not the slightest doubt -that the learned Magistrate has come to a correct conclusion. There is ample evidence to justify his finding.

The petitioner's Counsel has, however, raised a point of law which requires consideration. He maintains that a Post Office is not a public place within the meaning of this sec

Click Here to Read the rest of this document