1943 Present: Hearne J.

SIMON, Appellant, and PERERA (Inspector of Police) Respondent.

949-M. C. Panadure, 20,592.

Rubber Thefts Ordinance (Cap. 29), s. 16 (1)-Charge of being in possession of rubber reasonably suspected of being stolen-Essence of offence.

In a charge under section 16 (1) of the Rubber Thefts Ordinance of being in possession of rubber reasonably suspected of being stolen the essence of the offence is the inability of the person in possession to account satisfactorily for his possession.

Undue stress should not be placed on the grounds of suspicion of the police officer concerned.

APPEAL from a conviction by the Magistrate of Panadure.

K. W. E. Perera, for accused, appellant.

A. C. Alles, C.C., for complainant, respondent.

Cur. adv. vult.

February 11, 1943. HEARNE J.-

A Police Officer found the appellant in possession of 40 1b. of rubber which he suspected were stolen and he accordingly applied for a summons " to bring " him before a Magistrate. He was charged under section 16 (1) of the Rubber Thefts Ordinance and convicted.

My attention was drawn to a case decided by this Court Soysa v. Davith Singho1[ 29 N. L. R. 118