SOERTSZ A.J.—Bandaranayake v. Perera.
1935Present: Soertsz A.J.
BANDARANAYAKE v. PERERA.612—P. C. CH1LAW, 45,956.
Motor omnibus—Carrying goods inside—Passenger’s luggage—Motor CarOrdinance, No. 20 of 1927, Schedule IV., s. 6 (1).
It is not a breach of section 6 (1) of the Fourth Schedule of OrdinanceNo. 20 of 1927, to carry goods inside a motor omnibus.
G. E. Chitty, for accused, appellant.
October 18, 1935. Soertsz A.J.
J N my opinion the charge against the accused has not been made out-
The case for the prosecution appears to be that the accused is guilty ofa breach of the section tinder which he is charged because the “ goods ”were carried “ inside the bus ”. The prosecuting Police Constable says,“ The licence does not permit the bus to carry goods inside the bus. ”It is not alleged that the licence does not permit goods to be carried at allon this bus. In fact, I do not think such an allegation can be madewith regard to any bus at all, for every bus is permitted to carry goodsto a certain extent and in a certain manner.
The section under which the accused in this case is charged is section6 (1) of the Rules of the Fourth Schedule of Ordinance No. 20 of 1927.That section enacts “ No goods shall be carried on an omnibus unlesspermitted by the licence”. It would seem as if those responsible forthe prosecution have understood the word “ on ” in that section asmeaning 4 on the top of ’ and “ not inside ”. I cannot agree with thisinterpretation. “ On ” in the context clearly means in any part of theomnibus.
I think I ought to add that these prosecutions should be undc 'Lakenonly after some allowance is made for the convenience of the passengersand the difficulties of drivers and conductors. The “ goods ” said tohave been found inside this bus are clearly the personal luggage andbaggage of the passengers—suit cases, pillow-cases or mat-bags, with theircontents. It will be impossible for omnibus owners to ply their busesfor hire with due regard to the convenience of the public if passengersmay not take with them an attache case or a hand bag.
I set aside the conviction and acquit the accused.
BANDARANAYAKE v. PERERA