1960 Present: Basnayake, C.J., H. N. G. Fernando, J.,
and Sinnetamby, J.

WADOOD, Appellant, and FERNANDO (Chief Preventive Officer),
Respondent

S. C. 530- M. C. Avissawella, 32341

    Excise Ordinance (Cap. 42)-Section 65-" Medical practitioner "-Applicability of expression to an indigenous medical practitioner-Indigenous Medicine Ordinance, No. 17 of 1941,8. 8-Medical Ordinance. ss.32,35,68.

An indigenous medical practitioner who is not registered as a medical practitioner under the Medical Ordinance is not a "medical practitioner" within the ambit of that expression in section 55 of the Excise Ordinance

Wadood v. Cooray (1956) 58 N. L. R. 234, overruled.

APPEAL from a judgment of the Magistrate's Court, Avissawella. This appeal was referred to a Bench of three Judges under section 48A of the Courts Ordinance.

Colvin R. de Silva, with M. L. de Silva and A. C. .M. Uvais, for Accused- Appellant.

Ananda Pereira, Senior Crown Counsel, with V. S. A. Pullenayegum, Crown Counsel, for Attorney-General.

Cur. adv. vult.

April 8, 1960. BASNAYAKE, C.J.-

The question for decision on this appeal is whether a registered indigenous medical practiti