The Court of Appeal has fixed October 2 for the filing of objections in a writ petition seeking to bar the Commissioner General of Excise and other authorities from approving the use of rice and sugar as primary raw materials in beer production.

The petition was called on Thursday before a bench comprising Justices R. Gurusinghe and A. Prema Shankar. Counsel appearing for several respondent liquor manufacturing companies asked the court for a date to file objections. The court granted permission and directed that the petition be called again on October 2.

The case was filed by a group of licensed liquor sellers. The respondents include the Commissioner General of Excise and officials of the Excise Department, the Sri Lanka Standards Institution, the Attorney General and the Inspector General of Police.

The petitioners’ central argument is a statutory one. They say Section 2 of the Excise Ordinance defines “beer” as a fermented alcoholic beverage made from malt, and that information has since emerged indicating many manufacturers are using rice and sugar as the primary raw materials instead. That practice, they contend, is contrary to the provisions of the Ordinance.

They also raise an economic objection. At a time when the government provides substantial subsidies from public funds for rice production, diverting rice into commercial industries such as beer manufacturing could seriously damage the national economy and undermine efforts to achieve self-sufficiency in rice, the petitioners argue.

On that basis they have asked the court to restrain the respondents, including the Commissioner General of Excise, from granting approval for rice and sugar to be used as primary raw materials in brewing.

Context

The petition was filed in May, when licensed retailers first asked the Court of Appeal to block excise approvals for rice- and sugar-based brews. Thursday’s order is a procedural step rather than a ruling on the merits: the respondents now have until October to set out their case, after which the court will take up the substantive question of whether the Excise Ordinance permits the practice.

The case sits alongside a broader tightening of alcohol regulation. The Excise Department has been reviewing its wastage allowance rules for liquor production, and a parliamentary committee has separately examined a scam involving excise stickers.

No date has been set for the substantive hearing.