1942 Present: Wijeyewardene J.

PAKIAMPILLAI, Appellant,
and

MERRY, Respondent.

797-M. C. Colombo, 48,633.

Control of prices-Sale of Maldive fish above controlled price-Contract of sale- Control of Prices Ordinance, No. 39 of 1939, s. 3.

Where an accused person is charged with having sold Maldive fish at a price above the maximum price fixed by the Controller of Prices, the prosecution is not bound to prove a contract of sale enforceable by action within the meaning of section 4 of the Sale of Goods Ordinance.

APPEAL from a conviction by the Magistrate of Colombo.

N. Nadarajah, K.C. (with him H. W. Thambiah), for the accused, appellant.

G. E. Chitty, C.C., for the Crown, respondent.

November 10, 1942. WIJEYEWARDENE J.-

The accused-appellant was convicted on a charge of having sold Maldive fish (mixed Kundira and Male) on August 31, 1942, at a price above the maximum price fixed by the Controller of Prices, and sentenced to six months' rigorous imprisonment.

Acting under the powers vested in him by section 3 of the Control of Prices Ordinance, No. 39 of 1939, the Controller of Prices made and signed an order on July 31, 1942, fixi