1944 Present: Howard C.J.

SAHABANDU, Appellant, and RATNASABAPATHI,
Respondent

251-M. C. Point Pedro, 2764.

Criminal Procedure-Charge of unlawful possession of opium and ganja-Seizure of pocket in possession of accused and sealing of same in his presence-Breaking of seals in course of inquiry-Irregularity not fatal.

In a charge of unlawful possession of opium and ganja te packet seized in the possession of the accused was sealed at the Police Station in the presence of the accused with the Police seal along with the accused's thumb impression.

On the following day at an inquiry held by the Assistant Superintendent of Police regarding certain allegations made by the accused against the Police Officers, who took part in the raid, the seal was broken by the Assistant Superintendent of Police and resealed with his private seal which was identified by the Sub-Inspector of Police, who gave evidence at the trial.

Held, that the failure to reseal the packet in the presence of the accused was not a fatal irregularity.

APPEAL from an acquittal by the Magistrate of Point Pedro.

H. A. Wijemanna, C. C., for the complainant, appellant.

C. Su