1945 Present: Cannon J.

PERERA, Appellant, and PERERA, Respondent.

1,324-M. C. Negombo, 41,504.

Lottery-Charge ,of keeping place of lottery-Evidence of habitual user necessary-Penal Code, s. 288.

Where the accused was charged, under section 288 of the Penal Code, with keeping a place for the purpose of drawing a lottery-

Held, that, to constitute " keeping ", there must be evidence of some habitual user of the premises for the purpose alleged.

APPEAL against a conviction by the Magistrate of Negombo

H. W. Jayewardene for the accused, appellant.

A. C. Ameer, CC., for the Attorney-General.

July 19, 1945. CANNON J.-

On the evidence in this case it is possible that the accused committed an offence, but the question for consideration is whether that offence was the one charged. He was charged with keeping a place, to wit, a house situated at Kimbulapitiya, for the purpose of drawing a lottery contrary to section 288 of the Penal Code. The Magistrate convicted him and sentenced him to 6 months' rigorous imprisonment. Evidence was given that he had printed in Colombo over 100,000 lottery tickets and that in his house were found some books of l