Weerasekere V. Subramaniam

1948 Present: Wijeyewardene J.

WEERASEKERE, Appellant, and SUBRAMANIAM, Respondent.

541- M. C. Matale, 771.

Control of Prices-Control of Sulphapyridine tablets-Sale of single tablets and not a bottle-Control of Prices Ordinance, No. 39 of 1939, s. 3.

Where the accused was charged with the sale of 8 Sulphapyridine tablets at 50 cents a tablet, a price in excess of the maximum price, in breach of an order made under section 3 of the Control of Prices Ordinance,-

Held, that the accused had not offended against the provisions of the order as the article controlled was a bottle of tablets and not single tablets.

Held, further, that the obligation to issue a receipt arose only in respect of a controlled article.

Section 340 (2) of the Criminal Procedure Code is applicable only to cases in which a party has no right of appeal except on a point of law.

Solicitor-Genera! v. Perera (17 N.L.R. 413) followed.

APPEAL from a conviction by the Magistrate of Matale. .

S, Nadesan, for petitioner.

E. H. T. Gunasekera, C.C., for the Attorney-General.

Cur. adv. vult.

October 8, 1943. WIJEYEWARDENE J.-

The accused was charged on two counts : -

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