Monday, September 18, 2023

Coca-cola Beverages Sri Lanka LTD vs Jagath Keerthi Bandara et al S.C.Appeal 19 /2021 decided on 13/09/2023

 A foreign substance which is not used for human consumption was found in a Cocacola bottle when it was to be sold for lay people in Mahawa. Having found the bottle yet unopened, the public health inspector who is in charge of the area lodged a complaint to the Hon. Magistrate of Mahawa Magistrate's Court. Including both the distributor and the company which is situated in Biyagama charged with offences under the Food Act with separate charges. Having admitting the offence by the distributor and pleading not guilty to the relevant charge by the company matter was trialed and the PHI was able to prove the charge beyond reasonable doubt. In the course of the trial the PHI was able to get a Gov Analyst report on the subject cocacola bottle in which the impurities were found even remaining it was unopened. Being aggrieved by the judgment by the Hon. Learned Magistrate, the company (2nd Accused ) appealed the matter to the Kurunegala High Court. The appeal was dismissed  and being aggrieved the 2nd accused filed a special leave to appeal to the Supreme Court of Sri Lanka. 

Pronouncing the judgment His Lordship Justice Buwaneka Aluwihare dismissed the appeal after hearing to both parties. A learned president's counsel appeared for the company and the Attorney General's Department appeared for the PHI. 

Raising preliminary objections the Learned president's counsel questioned the jurisdiction of the Mahawa Magistrate's Court as the 2nd Accused company is located in Biyagama and all the manufacturing and preparation were done in Biyagama. 

The Supreme Court identified preliminary objections as to the jurisdiction are two fold. Patent lack of jurisdiction and latent lack of jurisdiction. Patent lack of jurisdiction is a kind of relating to parties or subject matter, under which the jurisdiction has to be decided. In this type of objection, the court does not have jurisdiction as to hear the matter whatsoever rending the proceedings and orders null and void. And even such objections can be raised at any time even in the appeal stage. 

However latter part differs. Such objections has to be taken at the earliest possible. Otherwise they are impliedly cured by the objecting party. Such objections are considered in exceptional cases where the objecting party has to bear serious impacts. 

Therefore as per s. 434 of the criminal procedure code and s. 39 of the Judicature Act such type of objections comes under latent lack of jurisdiction which are curable. In this matter the 2nd Accused did not raise it at the first instance. 

Then the Supreme Court affirmed the Learned Hon. Magistrate's judgment and conviction. 


W.M.Dhammika Bandara 

Attorney at Law 

No comments:

Post a Comment

බාලාංශ ගුරුවරු ගුරුවරු නො වේ ද?

 ලොව ගුරුවරු අතරින් විශ්වවිද්‍යාල ආචාර්යවරුන් ඉහළ ම තැන ඇත.  එ තරම් ඉහළට ඉගෙන නො ගත් එහෙත් උසස් ඉගෙනුමක් ලත් ගුරුවරු ජ්‍යෙෂ්ඨ ශිෂ්‍යයින්ට උග...