R. v. Petro Kamili, Crim. Rev. 2-M-72, 24/5/72, Kisanga, J.

 R. v. Petro Kamili, Crim. Rev. 2-M-72, 24/5/72, Kisanga, J.

The accused was convicted of two traffic offences one of which was carrying passengers for hire or reward without a public service licence contrary to sections 27(1) and 70 of the Traffic Ordinance. He was sentenced on this count to pay shillings 60/= fine or one month’s imprisonment in default. There was a further order that shillings 20/= which the accused had received by way of fares be forfeited to the Republic. The matter was admitted in revision only to consider the correctness of such order

            Held (1) “It is not apparent under what provision of the law this order was made. On perusing the Traffic Ordinance which creates the offence I have not been able to discover any provision authorizing such forfeiture. The Penal Code authorizes forfeiture in certain circumstances …. It is quite clear, however, that the offence under review is not within the category of offences specified by these sections of the Penal Code.” (2) Order of forfeiture set aside.