1945 Present: Howard C.J.

GOONERATNE, Appellant, and THOMIS, Respondent.

458-M. C. Galle, 44,434.

Defence (Control of Prices) (Supplementary Provision) Regulation 6-Keeping stock of controlled articles in premises-Small quantity of onions for retail trade-Premises not a store or other place.

The accused was charged under regulation 6 of the Defence (Control of Prices) Regulations with keeping a stock of controlled articles, viz., two bags of red onions at premises, which is not a registered store, without furnishing to the Controller a return specifying such store or other place.

The evidence established that the onions were found in the upstairs of the premises occupied by the accused where he carried on a retail trade.

Held, that the accused had not offended against the provisions of the regulation.

APPEAL against an acquittal by the Magistrate of Galle.

T. K. Curtis, C.C., for the complainant, appellant.

C. S Barr Kumarakulasingham for accused, respondent.

Cur. adv. vult.

May 22, 1945. HOWARD C.J.-

The complainant in this case, with the sanction of the Attorney-General, appeals from a judgment of the Magistrate, Galle, acquitting the respondent on a charge under Regulation 6 of the Defence (Control of Prices) (Supplementary Provisions) of keeping on December 18, 1944, a stock of price-controlled articles, to wit, 2 bags of red onions weighing 1 cwt. 1 qr. 26 lbs., at premises No. 19, Fowl Market, Galle, which is not a registered store without furnishing to the Controller a return specifying such store or other place. The evidence for the Crown was supplied by a Price Control Inspector stationed at Galle and a similar officer in charge of the register kept at Colombo under the above-mentioned regulation. On the evidence of the latter officer it was established-

(a) that red onions are controlled articles within the Galle Municipal area;

(b) that No. 19, Fowl Market Stores, was not a registered store under section 5 of the Regulations;

(c) that the respondent did not make any return prior to December 18, 1944, specifying that he had any quantity of red onions in such premises.

It was proved by the Price Control Inspector, Galle, that on December 18, 1944, he went to No. 19, Fowl Market Street, Galle, and on searching the premises he found two bags of red onions upstairs in the building. The onions were weighed in the presence of the respondent who said he occupied the premises and carried on business there. The onions weighed 1 cwt. 1 qr. 26 lbs. This witness also stated that the respondent had a Municipal licence to sell things, but he did not know if he was a retail or wholesale dealer.

The respondent in giving evidence stated that he did retail business and had purchased the onions in Colombo for the purpose of retail trade.

The Magistrate, although of opinion that the onions were surreptitiously kept for purposes of sale in the black market, held that there was no evidence to hold that the place where the red onions were found was a place in the nature of a store. He also stated that the object of the

regulations was to prevent hoarding and the respondent, did not hoard the onions on the day in question. The Magistrate, therefore, acquitted the respondent.

Regulation 6 of the Regulations, in question is worded as follows: -

Every person who desires to keep any stock or quantity of any price-controlled article at any store or other place which is not a registered store, shall furnish to the Controller a return specifying such store or other place, and the Controller may in respect of such store or other place exercise the powers conferred on him by Regulation 5."

Regulations, 2, 3, 4 and 5 refer to persons carrying on business as importers or wholesale traders in the particular article. Regulation 6 enables, the Controller to treat persons other than importers or wholesale traders who desire " to keep any stock or quantity of any pric