604 H. N. G. FERNANDO, C.J.—Thilakasiri v. Inspector of Police, Kalutara South
1972Present: H. N. G. Fernando, C.J.
U.THILAKASIRI, Appellant, and INSPECTOR OF POLICE,KALUTARA SOUTH, Respondent
S. G. 796/69—M. G. Kalutara, 38725
Penal Code—Section 48S—Charge of misconduct in public by a drunken person—“ Public place ”.
A Government Hospital is not a public place within the meaning of section488 of the Penal Code.
Appeal from a judgment of the Magistrate’s Court, Kalutara.
A. C. de Zoysa, with Justin Perera, for the accused-appellant.Tivanka Wickremasinghe, State Counsel, for the Attorney-General.
July 13, 1972. H. N. G. Fernando, C.J.—
The accused in this case was convicted under Section 488 of the PenalCode of having, while in a state of intoxication, conducted himself in sucha manner as to cause annoyance to other persons, in a public place to wit,the Nagoda Hospital. I greatly regret that owing to the loss of mybrief and other circumstances, I have so long delayed to deal with thisappeal.
According to the evidence, the accused had been in a state of intoxicationand was using filthy language within the precincts of the Hospital.Had he been found in that condition in a Ward in that Hospital, theremay have been some little justification for the opinion that theWard is a public place. In this case however, the misconduct of theaccused took place somewhere near the Hospital kitchen and on theverandah outside the room of one of the Hospital Officers. LearnedCounsel appearing for the prosecution has referred me to the case ofVan Cuylenburg (A. S. P. Uva) v. Weerasekera1’ 39 C. L. W. p. 20, whichin turn cites a judgment of Jayewardene J. in the unreported case ofMuhandiram Tissa v. Charles Appu, S. C. 94—P. C. Hambantota 6911(S. C. Minutes of 22nd February 1926), holding that a GovernmentHospital is not a public place. I am content to follow that judgment.
The appeal is allowed and the accused is acquitted.
1948) 39 O. L. W. 26.
U. THILAKASIRI, Appellant, and INSPECTOR OF POLICE, KALUTARA SOUTH, Respondent