1953 'Present: Swan J.

D. E. F. FERNANDO, appellant, and E. L.. GOONEWARDENE
(Excise Inspector), Respondent

S. C. 855-M. C. Panadure, 22,497

Excise Ordinance {Cap. 42)-Section 55- Is a Vedarala a " medical practitioner " ?- Medical Practitioners Ordinance (Cap. 90), ss. 35, 40.

Where, in a prosecution under the Excise Ordinance, the accused, who was a Vedarala, pleaded that as a " medical practitioner " he was entitled to rely on the provisions of section 55 of that Ordinance-

Held, that a Vedarala was not a " medical practitioner " within the meaning of that term in section 55 of the Excise Ordinance.

Amarasekera v. Lebbe (1914) 17 N. L. R. 321, followed.

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

H. W. Jayewardene, for the accused appellant.

N. Tittawella, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

March 9, 1953. SWAN J.-

The appellant was charged with having without a licence from the Government Agent, W. P., (1) manufactured an excisable article, (2) established and worked a brewery to manufacture an excisable article, (3) possessed materials, utensils, implements and apparatus for the purpose