099-NLR-NLR-V-70-F.-E.-WIJEYESINGHE-Food-and-Price-Controll-Inspector.-and-P.-O.-S.-A.-FAROUK-.pdf
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TENNEKOON, J.—Wijeyesinghe v. Farouk
1967Present : Tennekoon, J.E. WIJEYESINGHE (Food and Price Control Inspector), and
P.O. S. A. FAROUK, Respondent
8. C. 846/67—M. C. Colombo South, 67024/A
Control of Prices Act—Food Price Order—Meaning of word “ mutton
The word “ mutton ” in Food Price Order No. C 283 includes frozen mutton.
^^PPEAL from a judgment of the Magistrate’s Court, Colombo South.
V. 8. A. Pullenayegum, Crown Counsel, with Faisz Muatapha, CrownCounsel, for the Complainant-Appellant.
No appearance for the Accused-Respondent.
November 4, 1967. Tennekoon, J.—
This is a case in which the accused has been convicted of having soldmutton at a price above that fixed by Food Price Order No. C283.There was evidence that the mutton that was sold on this occasion wasfrozen mutton.
The learned Magistrate, holding that the word “ mutton ” as used in theFood Price Order did not include frozen mutton, acquitted the accused.The learned Magistrate appears to have thought that the use of the words“ mutton without bones, mutton with bones, and mutton dead weight”in the Food Price Order was an indication that if it was intended tocontrol the price of frozen mutton there would have been referenceto frozen mutton in the descriptions of mutton which were subject tothe price order. I do not think this follows at all.
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ABEYESTJNDERE, J.—Piyadasa v. Yapatileke•
The word “ mutton ” must be given its ordinary meaning and muttoneven when frozen still remains mutton. The words “ mutton withoutbones, mutton with bones and mutton dead weight ” could also applyto frozen mutton without bones, frozen mutton with bones and frozenmutton dead weight. No inference can therefore be drawn from thepresence of those expressions that there was an intention to excludefrozen mutton. I am accordingly of the view that the Magistratemisdirected himself in acquitting the accused. The verdict of acquittalis set aside and the accused is convicted of the charge. The recordwill go back to the Magistrate for sentencing.
Acquittal set aside.