1950 Present: Gunasekara J.

EDWIN PERERA, Appellant, and WEERAKKODY (S. I. Police), Respondent

S. C. 1,284-M. C. Colombo, S. 24,231
 

Motor Car Ordinance-Route of lorry between two termini-No particular highway mentioned in licence-Use of lorry not restricted to the shortest of the several highways between the termini-Distinction between "route" and "highway''- Ordinance No. 45 of 1938, Sections 54 (1) and (2) 116 (2) 158.

Where the route specified for a lorry is defined solely by reference to its terminal points and the licence does not show that the authority which specified the route intended that the lorry should travel only along a particular highway or highways, between the terminal points, it is not a breach of section 116 (2) of the Motor Car Ordinance to use the lorry on any one of several highways between the termini, although such highway does not lie in the shortest practicable route between the termini.

APPEAL from a judgment of the Magistrate's Court, Colombo.

S. C. E. Rodrigo, for accused appellant.

A. E. Keuneman, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

July 25, 1950. GUNASEKARA J.-

The appellan