SIRIMANE, J.—Rubaainghe v. Wclgama
1969Present: Sirimane, J.
A. RUBASINGHE, Appellant, and T. WELGAMA (Food and Price
Control Inspector), Respondent
S. C. 596/69—31. G. Malara, 41099
'Control of Prices Act—Contravention of Food Price Order—Area where offence wascommitted—Requirement of evidence that the Price Order applies to the area.
In a prosecution for contravention of a Food Price Order, there must bo veryclear evidence that the offence was committed in on area to which tho PriceOrder applies.
PPEAL from a judgment of the Magistrate’s Court, Matara.
3Iiss Suriya Wider emasinghe, for the accused-appellant.
Kosal-a Wijayatilake, Crown Counsel, for the Attorney-General.
October 27, 1969. Sirimane, J.—
The accused was convicted for a contravention of Food Price OrderNo. MT/11/68 published in the Government Gazette No. 14.79S/1 ofApril 20, 1968, in that he sold a pound of bombay onions at a price in•excess of the maximum controlled price fixed by that price order.
Hohana v. Senaratne
Counsel for the appellant urged only one point in appeal, namely,that there is no evidence that this order applies to the area in •which theaccused’s boutique is situated. According to the charge the offence wascommitted at a place called Pitabeddara. The price order sets out inColumn 2 the areas to which it is applicable, e.g., “Matara U. C., Dondxa
T.C., V. C. areas of ICekanadura, Aparekka, Babarenda, Malimbodaetc.” There is no reference to Pitabeddara, nor is there any evidencethat Pitabeddara falls within any of the areas set out in Column 2. Theonly evidence on this point was the evidence of the Price Control Inspectorwho said that the boxitique is in the administrative district of Matara.There is nothing in column 2 to indicate that theprice order applies tothe whole of that district. In fact, there is no reference to that district,at all. In cases of this nature, there must be very clear evidence that,the offence was committed in an area to which the relevant Price Orderapplies.
Crown Counsel does not seek to support the conviction.
I set aside the conviction and sentence and acquit the accused.
A. RUBASINGHE, Appellant, and T. WELGAMA (Food and Price Control Inspector), Res