Kulasegaram V. Charly Singho

1955 Present: Gunasekara, J.

T. KULASEGARAM, Appellant, and P. F. CHARLY
SINGHO, Respondent

S. C. 663-M. C. Batticaloa, 20,643

" Ganja "-Not a plant-Poisons, Opium and Dangerous Drugs Ordinance (Cap. 172). ss. 26, 28, 76 (5).

" Ganja " is not a plant. Possession, therefore, of an article which is described by the prosecution as " ganja, the parts of a hemp plant known as cannabis sativa " is not punishable under section 28, read with section 76 (5), of the Poisons, Opium and Dangerous Drugs Ordinance.

APPEAL from a judgment of the Magistrates Court, Batticaloa.

 H. A. Wijemanne, Crown Counsel, for the complainant-appellant.

J. N. David, for the accused-respondent.

Cur. adv. vult,

January 17, 1955. GUNASEKARA, J.-

This is an appeal with the sanction of the Attorney-General against an acquittal on a charge of an offence punishable under section 76 (5) of the Poisons, Opium and Dangerous Drugs Ordinance (Cap. 172). The charge alleged a contravention of section 28, which provides among other things that no person shall without a licence have in his possession " any resin obtained from the hemp plant or the preparations of or extr

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