113-NLR-NLR-V-74-M.-H.-M.-NOON-Appellant-and-H.-A.-SIRISENA-S.-I.-Police-Respondent.pdf
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SIRI3IANE, J.—Noon v. Sirisena (S. I. Police)
1971Present : Sirimane, J.
M. H. M. NOON, Appellant, and II. A. SIRISENA (S. I. Police),
Respondent
S. C. 14)71—31. G. Hambanlota, 63576
Firearms Ordinance (Cap. JS2)—Sections 22 (1), 45 (I)—Charge of possessingunlicensed gun—Accused dealt ivilh under s. 325 of Criminal Procedure Code—Confiscation of the gun from its Permissibility.
Whero, in a prosecution for possessing <m unlicensed gun in breach of section22 (I) of the Firearms Ordinance, a verdict of guilt is recorded and the accusedis dealt with under section 325 of the Criminal Proccduro Codo “withoutproceeding to conviction”, the verdict of guilt amounts to a “conviction”for tho purposes of the confiscation of the gun from its owner under section45 (1) of the Firearms Ordinance.
A-PPEAL from an order of tho Magistrate’s Court, Hambantota.
Party noticed (appellant) absent and unrepresented.
N.J. Vilcassim, Crown Counsel, for the Attorney-General.
September 22,1971. Sihi:ua>te, J.—
One Ariyadasa was charged with having in his possession an unlicensedgun in breach of Section 22 (1) of tho Eiro Arms Ordinance, Chapter 1S2.He pleaded guilty to tho charge. Tho learned Magistrate acting under- Section 325 of the Criminal Procedure Code ordered Ariyadasa to paya sum of Rs. 25 as Crown costs.
The appellant, Noon, who was the owner of the gun was called uponto show cause why the gun should not be confiscated. He failed to showcause, and the learned Magistrate has made order confiscating tho gununder Section 45 (1) of the Fire Arms Ordinance (Chapter 1S2).
Learned Crown Counsel brought to my notice that under this Sectiona person must be “ convicted of an offence ” under certain Sections ofthat Ordinance (which includo Section 22) before a gun can beconfiscated.
Though an accused is doalt with under Section 325 “ without proceedingto conviction ”, j-et-1 think that when a verdict of guilt is recorded, tin'samounts to a <c conviction ” for the purposes of confiscation of a gununder Section 45 (1).
The appeal is dismissed.
Appeal dismissed.