1950 Present : Nagalingam J.

ANDIRIS, Appellant, and WANASINGHE (Excise Inspector),
Respondent

S. C. 999-M. C. Anuradhapura, 4,542

Excise Ordinance-Search without warrant-Non-compliance with provisions of Section 36-Inadmissibility of evidence thus obtained-Cap. 42, ss. 33, 34, 36.

Evidence obtained as a result of an illegal search in contravention of the provisions of section 36 of the Excise Ordinance cannot be availed of by the prosecution in order to sustain a charge of unlawful sale of arrack.

APPEAL from a judgment of the Magistrate's Court, Anuradhapura.

M. M. Kumarakulasingham, with C. Jayawickreme, for accused appellant.

A. Mahendrarajah, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

November 20, 1950. NAGALINGAM J.-

The appellant, a cook in what is described as a Railway Running" Bungalow at Anuradhapura, appeals from his conviction, under section. 43 (g) of the Excise Ordinance (Cap. 42) on a charge of his having sold arrack without a licence from the Government Agent.

A point of law is raised against the validity of the conviction. The facts, so far as they are relevant for the purpose of determining the quest