1939 Present: Soertsz A. C. J.

PERUMAL v. ARUMOGAM.

50-M. C. Badulla-Haldummulla, 9,990.

 Mens rea-Charge of unlawful possession of ganja-Elements of offence-Poisons, Opium, and Dangerous Drugs Ordinance, s. 28 (Cap. 172.)

Where a person is charged under section 28 of the Poisons, Opium, and Dangerous Drugs Ordinance, with having in his possession, without a licence from the Governor, a preparation or extract from the hemp plant commonly known as ganja or a resin obtained from the hemp plant.
 
Held, that mens rea was not an essential element of the offence.

Burah v. Mohamadu Sally (2. C. L. W. 381) and Casie Chetty v. Ahamadu (18 N. L. R. 186) referred to.
 
APPEAL from an acquittal by the Magistrate of Badulla-Haldummulla.
 
M. T. de S. Ameresekera, K. C., S. -G. (with him D. Jansze, C. C.), for the complainant, appellant.
 
T. K. Curtis, for the accused, respondent.

Cur. adv. vult.

July 25, 1939. SOERTSZ A. C. J. -

The accused in this case was charged with having had in his possession, without a licence from the Governor, a preparation of, or extract from, the hemp plant commonly known as ganja, or a resin obtained from the hemp plant,