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Breathing space for moonshine makers through legal loophole
‘Kasippu’ raids in Matara and Kalutara Districts by the police have come to a halt, following Lawyers, for suspects caught in raids on illicit liquor dens, successfully arguing in court that the police had no authority under the Excise Ordinance to file plaints and that, only Excise officers could do so.
DIG (Legal) Ajith Rohana on Friday argued in the Kalutara Magistrate’s Court that the police have powers to raid, arrest and file plaint against anyone engaged in illicit liquor manufacture, while blanket immunity under the Excise Ordinance is only applicable to those holding liquor licenses.
This was in consequence to an accused in a case of illicit distilling ochallenging the Kalutara Chief Magistrate’s judgment at the Kalutara High Court, and being acquitted.
Accordingly, the Kalutara Magistrate’s Court had then informed all police stations in the District that the police could not file plaints under the Excise Ordinance and only Excise officers could do.
The Police, however, have now challenged this decision.
DIG Rohana argued that the ruling did not provide blanket immunity to illicit liquor manufacturers.
He said there was a similar case in Matara as well.
He said that, in 1962, former Minister Maithripala Senanayake issued a gazette notification under Section 52 of the Excise Ordinance, authorising the Police Dept to arrest illicit liquor manufacturers and produce them in court.