1945 Present: Keuneman S.P.J.

JAYASEKERE, Appellant, and RAJAPAKSE, Respondent.

636-M. M. C. Galle, 9,324.

Sale of adulterated milk-Municipal by-law that City Analyst's Certificate shall be accepted as evidence of adulteration-Not ultra vires-Criminal Procedure Code, s. 406 (3)-Municipal Council's Ordinance (Cap. 193), ss. 110 (19) (g) and 272.

Where a Municipality passed a by-law, under section 110 (19) (g) of the Municipal Councils Ordinance, that " a certificate signed by the Council's Analyst to the effect that the portion of a sample of milk sent to him .... is adulterated shall be evidence in any court that the milk from which the sample was taken was adulterated . . . "-

Held, that the by-law related to a matter of evidence and was not repugnant to the provisions of section 406 (3) of the Criminal Procedure Code and section 272 of the Municipal Councils Ordinance.

APPEAL against a conviction by the Municipal Magistrate of Galle.

S. W. Jayasuriya, for the accused, appellant.

E. B. Wikramanayake, for the complainant, respondent.

Cur. adv. vult.

September 14, 1945. KEUNEMAN S.P.J.-

The accused was charged under Rule 84 (1) a