COMMISSIONER OF POLICE
V.
ANTHONY ARBAN

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOJ..D COAST AND WEBB, C.J., SIERRA LEONE.

The appellant appeals against a conviction for being found in possession of diamonds contrary to section 11 (3) of Cap. 130. The diamonds were found not on the appellant's person but placed among some boxes of shoes on a shelf in his shop, that is to say they were in his constructive, rather than in his actual possession, and the defence was that the appellant knew nothing about their presence on his premises. Section 11(3) provides: “Any person “who being found in possession of any diamond, does not prove “to the satisfaction of the Court that he obtained such diamond “in a lawful manner shall be guilty of an offence against this “Ordinance” and the Magistrate disposed of the defence as follows:-

“After carefully weighing the whole of the evidence and “also taking into consideration the principles laid down in “the case quoted,” (Reiv v. Schama .,. Abramovl:tch, 11 Cr. “App. R. 45) “I am satisfied that t…