Kalatunge V. Pulle

1940     Present: Wijeyewardene J. 

KULATUNGA v. PULLE. 

213-M. C. Gampola, 18,627. 

Weights and Measures Ordinance-Prosecution by Police Sergeant-Weights not found by authorized examiner-Offence in respect of the aliquot parts of a pound-Weights and Measures Ordinance, s. 16 (Cap. 127)

 A prosecution under the Weights and Measures Ordinance may be instituted by a Police Sergeant.

A charge under section 16 of the Ordinance may be maintained in respect of a false weight by a person, who is not an examiner of weights and measures.

A charge under section 16 of the Ordinance can be maintained in respect of the aliquot parts of a pound avoirdupois.

APPEAL from an acquittal by the Magistrate of Gampola.

E. H. T. Gunasekera, C.C., for appellant.

No appearance for respondent.

Cur. adv. vult. 

July 24, 1940. WIJEYEWARDENE J.-

 The complainant appellant has preferred this appeal with the sanction of the Attorney-General against the acquittal of the accused who was charged with having committed an offence under section 16 of the Weights and Measures Ordinance (Legislative Enactments Vol. III. Chap. 127).

 When the accused appeared on summons the Magistrate read the charge to him from the summons. The statement of particulars as given in the summons has not been drawn up with due regard to the provisions of section 16 of the Ordinance ; for instance, the summons states that the accused " possessed " certain weights whereas, according to the Ordinance, it should have been stated that the weights were found in his boutique. Section 187 of the Criminal Procedure Code gives a Magistrate the power to make the necessary amendments in the statement of particulars

contained in the summons before adopting it as the charge to be read to an accused. It is desirable that Magistrates should exercise some care with regard to the framing of charges. In this case, however, no objection has been taken to the charge itself by the accused's proctor, though he appears to have argued several points of law at the close of the trial, on behalf of the accused. Whatever defects there may be in the charge, the prosecution has led the necessary evidence to prove that the accused has committed an offence under section 16 of the Ordinance.

 The prosecution called as witnesses the complainant, the Examiner of Weights and Measures and two constables, Perera and Devasagayam. According to their evidence the accused was during the material period a person selling and dealing in goods by weight. The complainant, a Police Sergeant, entered the accused's boutique on December 16, 1939, and found there three weights-1/2 lb., 1/4 lb., and 2 oz.-which were un­stamped. The accused was present at the time. The complainant took charge of the weights. Perera pasted labels on these weights and the complainant wrote on the labels the name of the accused and his own initials. They were then removed f

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