1956 Present : Gratiaen, J.

J. H. WANIGASEKARA (Food and Price Control Inspector),.
Appellant, and K. SIMON, Respondent

S. C. 934-M. C. Matugama, 21,356

" Acquittal "-" Discharge "-Right of appeal--Criminal Procedure Code, ss. 2,. 190, 191, 330, 336-Control of Prices Act, No. 29 of 1950, s. 8 (1).

The inadvertent use by a Magistrate of the word " discharge " in describing an acquittal cannot deprive the accused person of the protection of sections 330 and 336 of the Criminal Procedure Code.

A Magistrate may in certain situations enter a verdict of acquittal under section 190 of the Criminal Procedure Code even before the case for the prosecution has been closed-provided that the Magistrate is satisfied that any-further evidence which the complainant proposes to lead would not suffice to establish a prima facie case of guilt against the accused.

The accused was charged with contravening a price order made under the Control of Prices Act. The Magistrate, without calling for a defence and when the case for the prosecution had been virtually closed, upheld wrongly (but within the scope of his jurisdiction) an objection raised by the defenc