Bahae Helwani V. Commissioner Of Police (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Criminal Code ; ss. 7 (2), 108 (1), 108 (3), 109— Unlawful Possession of goods on premises.

Facts

Defendant was convicted, under s. 108 (1) of the Code, of unlawful possession of ten drums of aviation petrol found in an open space outside his house, which he said were his ; and the conviction was upheld by the Supreme Court on appeal from the Magistrate. A new ground of appeal was taken in the West African Court of Appeal—that s. 108 is confined to cases where a person has or conveys the property in the street.

Held

that as s. 109 of the Code refers to premises whilst s. 108 does not, and s. 108 (3) seems to indicate the scope of the whole section and refers (inter alia) to a servant employed to carry something, it becomes doubtful whether s. 108 applies to goods not in transit ; and s. 108 should therefore, on the principle of s. 7 (2), be confined to goods in transit.

Appeal by Defendant from the decision of the Supreme Court dismissing his appeal from the decision of the Magistrate.

The Appellant is discharged.