Sanitary Inspector, Mirigama V. Thangamani Nadar

1953 Present: Nagalingam A.C.J.

SANITARY INSPECTOR, MIRIGAMA, Appellant, and
 THANGAMANI NADAR, Respondent

S. C. 1,274-M. C. Gampaha, 5,596
 

Evidence Ordinance-Section 106-'' Especially within the knowledge of any person "- Quarantine and Prevention of Diseases Ordinance-Contravention of Regulation 46-Burden of proof.

By section 106 of the Evidence Ordinance,

" When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. "

Held, that when the section refers to a fact as especially within the knowledge of a party, the term "especially" means "almost exclusively", if not " altogether exclusively ", within the knowledge of a party.

The charge that was preferred against the accused was under the Quarantine and Prevention of Diseases Ordinance alleging that he did " being permanently or temporarily resident in a building in which was a person affected with a contagious disease, to wit, small pox, fail to inform the proper authority forthwith in contravention of Regulation 46 of the Regulations made under the Ordinance ".

Held, that section 106 of the Evidence Ord

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