I am in respectful agreement with the observation made byMy Lord the Chief Justice in the case of Jalaldeen v.Jayawardena1 70 N. L. R. 476 at p. 479. I have myself neverenjoyed the pleasant surprise of being given liver and kidneyby a butcher when I asked for beef. Applying the observationof My Lord the Chief Justice it would be absurd to suppose thata butcher adopted the uncommon course of practice to sell liverand kidney when he was asked for beef.
The fact that the law demands that the burden is on theprosecution to prove that the article sold was beef and not offaldoes not mean that the prosecution can only prove it throughan Analyst or Veterinary Surgeon. The Court can take the factsof each case and the circumstances to arrive at a finding of facton this question.
Quite apart from the law even on the facts there is the evidenceof the Sub-Inspector at page 15 of the record that he did notfind any offal in the beef although he was not an expert in theveterinary field. One does not require expert knowledge todistinguish offal from beef or bread from cake. There is thefurther evidence of Police Constable Jayalath that the beef thatwas cut was cut from a hanging chunk and that there were twopieces so cut which contained nothing but beef. In my view thisevidence apart from the evidence of Government Analyst thatfrom a seriological examination it was revealed that ithe sampleof flesh PI was beef as defined in the Price Order was sufficientproof and the prosecution discharged its burden.
In the totality of all the evidence and in the absence of anyevidence given by the accused or any other witness it is notpossible for me to say that the prosecution has not proved itscase that it was beef that was sold. I also take into considerationthe item of evidence that what was asked for was beef and thereis no counter evidence that something else was given.
I therefore dismiss the appeal.
Appeal dismissed.,1 U967)>/0U<h.B.476cd479.<!
offence. The term offal normally relates to refuse and the rejectedstuff from slaughtered cattle. No doubt the Oxford Dictionaryincludes the liver and the kidney which is within the knowledgeof every one more expensive than the flesh. Therefore the courtis entitled to presume this fact under s. 114 of the EvidenceOrdinance regard being had to the common course of naturalevents, human conduct and public and private business.Furthermore the price order in Tamil refers to offal as “ Kalivu ”
and in Sinhala offal is referred to as “ Manshavashesha,v