UDAGAMA AND 2 OTHERS V. CHANDRA FERANANDO, INSPECTOR GENERAL OF POLICE AND 5 OTHERS

UDAGAMA AND 2 OTHERS V. CHANDRA FERANANDO,
INSPECTOR GENERAL OF POLICE AND 5 OTHERS

SUPREME COURT
TILAKAWARDENA, J.,
AMARATUNGA, J. AND
MARSOOF, J.
S.C. APPLICATION NO. FR 455/2005
JULY 21ST, 2011

Constitution -Article 12(1) - Right to equality - Articles 13(1) and 13(2)-Freedom from arbitrary arrest, detention and punishment - Article 14(g)-Freedom of speech, assembly, association, occupation, movement - Article 126 - Fundamental rights jurisdiction -Excise Ordinance -Section 33, 35, 37, 46g, 47, 48(a), 48(c), 52(1)a

The 1st and 2nd Petitioners were the partners of Don Patrick Wine Shop situated in Pussellawa, that had a license issued under the Excise Ordinance to sell foreign liquor and locally made malt liquor, but not to be consumed on the premises.

On 10.10.2005 the 3rd Petitioner was a salesman of the Wine Shop. The 3rd and 4th Respondents were the Police Officers who arrested the 3rd Petitioner for allegedly selling arrack to a customer to be consumed in the premises. The 3rd Petitioner was taken to the Police Station where he was kept in Police custody for several hour

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