1951 Present: Nagalingam J.

WILLIAM SINGHO, Appellant, and AVERY (S. I. Police)

Respondent

S. C. 63-M. C. Colombo South, 30,161

lorry--Carrying excess load-Proof of authorised\maximum load-Production of licence necessary-Motor Car Ordinance, No. 45 of 1938, s. 62-Evidence Ordinance, s. 100.

The accused, a lorry driver, was convicted of having carried an excess load.

 Held, that oral evidence of the contents of the licence relating to the maximum load which could be carried in the lorry was inadmissible. No evidence could be given in proof of the authorised maximum load except the licence itself or, where permissible, secondary evidence of its contents.

Held further, that an admission made by the accused himself in regard to the authorised load was inadmissible.

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

 J. A. L. Cooray, with I. J. Fernando, for the accused appellant.

 L. B. T. Premaratne, Crown Counsel, for the Attorney-General.

Cur. adv vult.

March 5, 1951. NAGALINGAM J-

The appellant, a lorry driver, has been convicted of having carried an excess load and been sentenced to pay a fine of Rs. 200. Two points