Udagama and 2 Others vs. Chandra Fernando, Inspector General of Police and 5 Others – sllr 2011 volume 1 page 192

In the case between Udagama and others (partners and salesman of Don Patrick Wine Shop, Pussellawa) and Chandra Fernando, Inspector General of Police, and others, the issue concerned the lawful authority of police officers under the Excise Ordinance and Excise Notification No. 509 to detect and arrest for offences related to the sale of excisable articles in contravention of licensed wine shop conditions. The court held that police officers, irrespective of rank, possess the power to detect and arrest individuals under sections 35 and 46(g) of the Excise Ordinance for such offences, but are not empowered to initiate proceedings under section 52(1)(a). Fundamental rights claims under Articles 12(1), 13(1), 13(2), and 14(1)(g) of the Constitution were rejected, and the application was dismis