R. v. Kasula & Densi s/o Sanziki, Crim. Rev. 8-M-68, 10/1/68, Mustafa J.

R. v. Kasula & Densi s/o Sanziki, Crim. Rev. 8-M-68, 10/1/68, Mustafa J.

Accused was charged with being in possession or property reasonably suspected of having been stolen or unlawfully obtained. [P.C. s. 312.] The property was found as a result or a police search of the house accused and the house of a friend in which accused was staying. There was no evidence that accused was arrested in the course of a journey.

            Held: (1) A conviction under Penal Code section 312 arises out of a search conducted under Criminal Procedure Code, section 24. (2) Criminal Procedure Code, section 24 refers to searches of “any person who may be reasonably suspected of having in his possession or conveying …. Anything stolen or unlawfully obtained.” The word “possession” in this section is ejusdem generis with “conveying,” and the section does not apply to the search of an accused ’s house [Citing R. v. Misengi s/o Abdullah, T.L.R. ®, 312.]