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VAN HAGT v. PITCHE TAMBY.
P. C., Ratnapura, 3,691.
Petroleum—Possession without license-—Confiscation of quantity illegallypossessed—*Ordinance No. 6 of 1887, ss. 14, 20, and 26-.
The “ keeping ” of petroleum regulated by section 14* of Ordi-nance No. 6 of 1887 is tbe same as the “ possessing,” punishableunder section 20. f
The confiscation, under section 264 °f petroleum found in aperson’s possession is limited to the quantity in excess of thatwhich he may, under sectionl4, keep without a license..
T N this case the accused was found in possession of sixty gallons-* ■ of petroleum without a license. He was, under section 20 ofOrdinance No. 6 of 1887, charged with.and convicted of keeping
* Section 14 of Ordinance No. 6of 1887 :—No quantity of petro-leum exceeding fifty galoons shallbe kept by any one person oh the.same premises or shall betransported, .except under and inaccordance with the conditions of. a license from the local authority.
t Section 20 :—Any person whoin contravention of this Ordinance,or of any rules made hereunder,imports, possesses, or transportsany petroleum, and any. personwho otherwise : contravenes anysuch rules, or any conditions con-tained in a license granted here-under, shall be punished withsimple or rigorous imprisonmentfor a term which may extend toone month, or with fine which mayextend to five hundred rupees,or with both.
t Section 26 :—In any case inwhioh an offence under sections. 19, 20, or. 21 has been committed;the convicting Police Magistratemay direct that—
(а)The petroleum' in’ respect ofwhich the. offence has been com-
. mitted ; or
(б)Where the offender is import- *ing, transporting, hawking, or isin possession of any petroleumexceeding the quantity, if any,which he is permitted' to import,transport, hawk, or possess, asthe case may be, the whole of thepetroleum whieh he is importing,transporting, hawking, or is inpossession of, shall, together withthe tins or other vessels in whiohit is contained, be confiscated'.
November 10. and 12.
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November 10and 12.
a quantity of petroleum exceeding fifty gallons, in contraventionof the Ordinance; and the Police Magistrate, acting under section26, confiscated the whole of the sixty gallons. In appeal,
Domhorst, for appellant.
12th November, 1896. Lawrie, J.—
On the matter of law raised by tbe appeal, whether when a manis convicted under the 14th section of the Ordinance of “ keeping”more than fifty gallpnB of petroleum on the same premises, thepetroleum can be confiscated by virtue of the powers given bysection 26, I answer the “ keeping ” of petroleum regulated bythe 14th section is the same as the “ possessing,” punishable by the20th section. The 20th section enaots when the penalty shall beexigible if the regulation of the 14th section be infringed. It seemsto me, however, that it is not fair to say that the offence was com-mitted with regard to the whole of the sixty gallons- It wasI think committed only with regard to ten gallons, because it waslawful to keep fifty gallons—it is as to the excess only that anoffence was committed. I therefore reform the order and allowten gallons to be confiscated, and the remaining fifty gallons tobe returned to the accused.