Schokman V. Sirisena Et Al.,

1944 Present: de Kretser J.

SCHOKMAN, Appellant, and SIRISENA et al. Respondents.

639-M. C. Anuradhapura, 10,520.

Search warrant-Written, information upon which the warrant issued-Deposition of witnesses-Evidence read over and explained-Gaming Ordinance, s. 5.

Where the written information upon which a search warrant was issued under section 5 of the Gaming Ordinance consisted of the depositions of witnesses which were signed by them and were read over and explained to them by the Magistrate.

Held, there was a sufficient compliance with the requirements of the section in order to raise a presumption of guilt.

APPEAL from an acquittal by the Magistrate of Anuradhapura.

J. Mervyn Fonseka, K.C., Solicitor-General, with E. H. T, Gunesekera, Crown Counsel, for the appellant.

L. A. Rajapakse, K.C. (with P. Navaratnarajah), for respondents.

Cur. adv. vult.

December 1, 1944. DE KRETSER J.-

Fourteen persons were charged with unlawful gaming. They had been arrested when a place was searched under a search warrant. The Magistrate held that the search warrant had" not been issued in the conditions mentioned in section 5 (formerly sect

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