Canthapillai Odyiar vs Murugesu – clr volume 1 page 090_2

In the case between Canthapillai Odyiar (Plaintiff) and Murugesu (Defendant), the court addressed whether the defendant’s resistance to the fiscal officer’s seizure of cloths constituted obstruction under section 183 of the Ceylon Penal Code. It was held that the prosecution had not discharged the burden of showing that the fiscal officer’s actions were under lawful authority or that the resistance amounted to an offence. The principle reaffirmed was that the right of private defence, especially concerning property, is preserved unless the prosecution establishes unlawful possession or excessive resistance. The judgment relied on the interpretation of sections 89, 90, and 92 of the Penal Code, highlighting that resistance to property seizure, in the absence of clear evidence of illegality,