( 20 )
Nov. 24, i 909
Present: Mr. Justice Grenier.
SAFFAB v. SIBIWABDANA et al.
P. C:t Kalatura, 12,043.
Person found drunk and disorderly in a publicthoroughfare—Arrest
without warrant by a police officer.
A police officer has a right to take into his custody without awarrant a person whom he finds behaving in a drunken anddisorderly manner in a public place or thoroughfare.
Bawa (with him E. W. Jayewardene)', for the appellant.
No appearance for the respondent.
Cur. adv. vult.
November 24, 1909. Grenier J.—
The evidence in this case shows that all the appellants acted in -avery bold and high-handed manner in rescuing a drunken personwho was in the lawful custody of the complainant, the Police Vidaneof Latpandura. In my opinion the headman had a perfect right totake into his custody, without a warrant, a person whom he foundbehaving in a drunken and disorderly manner in a public thorough-fare. In this case the man who was rescued was not only drunkand disorderly, but had committed the offence of mischief bybreaking some furniture belonging to one Baba Singho.
I do not agree with the judgment of Withers J., reported in2 N. L. B. 149, that a police officer cannot arrest without a warranta person whom he finds to be drunk and disorderly in a public placeor thoroughfare. lu a footnote appended to the judgment referenceis made by the then editor of New Law Reports tb section 23 of theLicensing Ordinance, No. 12 of 1891, which empowers a police officerto take into his custody such a person and to keep him in his custodyuntil he becomes sober. I hold therefore that the police headmanin this case acted quite legally in taking into, his custody the personwho was subsequently rescued by the appellants.
[His Lordship then discussed the merits and dismissed theappeal.]
SAFFAR v. SIRIWARDANA et al