011-NLR-NLR-V-12-DON-LEWIS-v.-KALU-APPU-et-al.pdf
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Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice. 1909. .
January IS.
DON LEWIS v. KALU APPU et al.
P. G., Malar a, 26,513.
Obstruction to Police Vidane—Police Officer—Ordinance No. 16 of 1865,s. 53.
A Police Vidane of a village is not a “ Police Officer ” within themeaning of section 53 of Ordinance No. 16 of 1865.
A PPEALby the Attorney-General from an acquittal on a chargeof obstructing a Police Officer in the discharge of. his duty.
The facts sufficiently appear in the judgment.
Walter Pereira, K.C., S.-G., for the Crown.
January 15, 1909. Hutchinson C.J.—
This is an appeal by the Attorney-General against the acquittalof two men on a charge of obstructing the complainant, a PoliceOfficer, in the discharge of his duty. The complainant describeshimself as “ Police Officer of Tudawe; ” the Solicitor-General informsus that his proper title is “ Police Vidane,” and that he is an officerappointed and paid by, and under the orders of, the Government
1909.
January 15.
Hutchinson
C.J.
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Agent. He stopped a man who was driving a hackery on the roadwithout a light after dark and took charge of the cart, and whilst hewas taking it to the Police Station the two other men took it awayfrom him by force. The driver pleaded guilty to the charge ofdriving without a light, an offence under section 53 of OrdinanceNo. 16 of 1865 ; the Magistrate fined him Bs. 2'50 and. acquittedthe other two- men, “ as in law the Police Officer cannot'make theaccused, under section 53 of Ordinance No. 16 of 1865, come tothe station.” That section enacts that any person who on any roadwithin the limits of any town dri ves!any conveyance after dark withoutlighted lanterns shall be liable to fine, and that any Police Officermay take into custody without warrant any person who within hisview commits the offence. The question is whether a Police Vidaneof a village is a Police Officer within the meaning of that section.
The Ordinance is one “ to provide for the establishment and regu-lation of a Police Force in this Island.” It empowers the Governorin Council to establish a Police Force in certain towns and ruraldistricts ; the Governor is to appoint the Chief Superintendent andProvincial and District Inspectors, and the Chief Superintendent isto appoint the sergeants and constables ; there are provisions forthe expenses of the Police Force; the Chief Superintendent isempowered to make rules for their observance, and every PoliceOfficer iB to have all powers of a Police Officer in every part of theIsland. Section 6 enacts that in the Ordinance the expression“ Police. Officer ” shall include “ the Chief Superintendent of Police,Inspectors, sergeants, and constables.”
The Solicitor-General asks for a decision of the question, on whichhe says there has been some difference of opinion, whether a PoliceVidane is a Police Officer within the meaning of this Ordinance.The word “ police ” is, in my opinion, used throughout the Ordinanceof the Police to be established and maintained under the Ordinance.The words “ shall include ” in section 6 are, of course, not the sameas “ shall mean; ” but in my opinion it is not possible to hold thatthe term “ Police Officer ” in this Ordinance includes a Police Vidanewho is not appointed or paid under the Ordinance, and to whommany of its provisions are quite inapplicable.
I dismiss the appeal.
Appeal dismissed.