Perera.B.P V. Abraham.M.B(S.I.Police)

1962 Present: Abeyesundere, J.

B. P. PERERA, Appellant, and M. B. ABRAHAM (S. I. Police),
Respondent

S. C. 738161-M. C. Colombo, 1456/C

    Excise Ordinance (Cap. 52)-Section 54-Confiscation of a motor car-Legality

In an appeal from an order to confiscate a motor car in which pot arrack was transported-

Held, that the confiscation of the motor car was not warranted by the provisions of section 54 of the Excise Ordinance. Nor was there any evidence of the implication of the owner of the motor car in the offence with which the accused were charged.

APPEAL from an order of the Magistrate's Court, Colombo.

Colvin R. de Silva, with A. E. M. Manzoor, for the appellant.

H. B. White, Crown Counsel, for the Attorney-General.

May 23, 1962. ABEYESUNDERE, J.-

This is an appeal from an order to confiscate a motor car in which thirty gallons of pot arrack were transported.

The only section in the Excise Ordinance enabling the confiscation of things is section 54 (old section 51). According to sub-section (1) of that section, the excisable article, materials, still, utensil, implement or apparatus in respect of or by means of

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