1962 Present: H. N. G. Fernando, J.

A. H. WILLIAM, Appellant, and W. A. DHARMASIRI (S. I. Police),
Respondent

S. C. 680-M. C. Colombo, 13617/C

Motor Traffic Act-Section 25 (1)-Charge of using a motor vehicle without a revenue licence-Quantum of evidence.

A charge under section 25 (1) of the Motor Traffic Act of driving a motor vehicle for which a revenue licence is not in force cannot be proved merely by evidence that a licence was not visible when the vehicle was inspected. The fact that a licence is not in force has to be proved by evidence from the proper authorities to the effect that the licence had not been issued at the relevant time.

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

S. A. Marikar, for the Accused-Appellant.

D. W. Abeyakoon, Crown Counsel, for the Attorney-General,

September 24, 1962. H. N. G. FERNANDO, J.-

The accused-appellant was charged on three counts, firstly, with driving a motor vehicle for which a revenue licence under the Motor Traffic Act was not in force, secondly, with failing to make the licence available for inspection, and thirdly, with driving a motor vehicle while there was not