Adrian Dias V. Weerasingham

1953 Present: Nagalingam A.C.J.

ADRIAN DIAS, Appellant, and WEERASINGHAM
(Excise Inspector), Respondent

S. C. 37-M. C. Colombo South, 40,646
 

Autrefois acquit-Failure of prosecutor to lead evidence-" Discharge " of accused

Right of prosecutor to institute fresh proceedings-Criminal Procedure Code, ss. 190, 191, 2S9 (5), 330.

When, in a summary case, the prosecutor is not ready to proceed with his case on the date of trial, even after he has been given ample opportunity to place his evidence, an order of Court refusing postponement and "discharging" the accused operates as an acquittal. It is not open then to the prosecutor to institute fresh proceedings upon the same charge.
Senaratne v. Lenohamy (1917) 20 N. L. R. 44,distinguished.

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

 E. R. S. R. Coomaraswamy, for the accused appellant.

 S. S. Wijesinha, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

September 25, 1953. NAGALINGAM A.C.J.-

A plea of autrefois acquit is urged against the conviction of the appellant, who has been found guilty under section 17 of the Excise Ordinance with having illicitl

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