Hutchinson, A. V. Wijesinghe, D.D.

1953 Present: Swan J.

A. HUTCHINSON, Appellant, and D. D. WIJESINGHE
 (S. I. Harbour Police), Respondent

S. C. 688-J. M. C. Colombo, 45,849
 

Customs Ordinance-Section 158-Prosecution thereunder-Burden of proof.

In a prosecution under section 158 of the Customs Ordinance for possessing an article suspected to have been stolen from any ship, boat, quay, &c, a duty is cast upon the Court to satisfy itself that there were reasonable grounds for suspecting that the article was stolen from any ship, &c. It is only after the Court is so satisfied that it would become incumbent on the accused to give an account as to how he came by the article.

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

D. S. Jayawickreme, with E. A. G. de Silva, for the accused appellant.

Ananda Pereira, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

December 2,1953. SWAN J.-

I do not think I can allow this conviction to stand. The accused was charged under Section 158 of the Customs Ordinance which makes the possession of certain articles suspected to have been stolen from any ship, boat, quay, warehouse or wharf of any port of

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