IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Special Leave to Appeal from the Judgement pronounced on 08.02.2018 by the High Court of the North Western Province Holden in Kurunegala in High Court Appeal No. 48/2012 in terms of Section 9 (a) of the High Court of the Provinces (Special Provisions) Act, No. 19 of 1990 read with Article 154P of the Constitution and the Supreme Court Rules 1990 SC. Appeal No.19/2021 SC/Spl./L.A Case No. 55/2018 HC Kurunegala Appeal No 48/2012 MC Mahawa Case No. 54127 1. M. Jagath Keerthi Bandara Public Health Inspector/Authorized Officer Nanneriya Complainant Vs.

1. Nilanthi Distributors Yapahuwa Junction Mahawa

2. Coca-Cola Beverages Company Tekkawatta Biyagama Accused AND BETWEEN Coca-Cola Beverages Sri Lanka Ltd Tekkawatta Biyagama

2nd Accused- Appellant Vs.

1.M.Jagath Keerthi Bandara Public Health Inspector/Authorized Officer Nanneriya Plaintiff Respondent Hon. Attorney General Attorney General’s Department Colombo 12 Respondent AND NOW BETWEEN Coca – Cola Beverages Sri Lanka Ltd Tekkawatta Biyagama

2nd Accused-Appellant-Petitioner Vs.

1.M. Jagath Keerthi Bandara Public Health Inspector/Authorized Officer Nanneriya Complainant-Respondent- Respondent Hon. Attorney General Attorney General’s Department Colombo 12 Respondent-Respondent Nilanthi Distributors Yapahuwa Junction Mahawa

1^st Accused-Respondent-Respondent BEFORE: Buwaneka Aluwihare, PC., J A.H.M.D Nawaz, J Mahinda Samayawardhena, J COUNSEL: Gamini Marapana, PC., with Navin Marapana, PC., Uchitha Wickremasinghe and Thanuja Meegahawatta for the 2^nd Accused Appellant-Appellant Ms. Induni Punchihewa, SSC for the Respondent ARGUED ON: 08.07.2021 DECIDED ON: 13.09. 2023 Judgement Aluwihare, PC., J

1) The 2^nd Accused -Appellant -Petitioner Appellant [hereinafter referred to as the

2nd Accused] was charged before the magistrate’s court of Mahawa for having manufactured and distributed to the 1^st Accused -Respondent-Respondent [herein after the 1^st Accused] a bottle of ‘Coca-Cola’ containing impurities and/or foreign matter, in violation of Section 2(1)(b) read with Section2(1)(a) of the Food Act No.26 of 1980 as amended, an offence punishable under Section 18(1)(a) read with Section 14(1)(a) of the said Act.

2) The 2^nd accused was found guilty by the learned magistrate after trial and accordingly a fine of Rs.10,000/-was imposed with a default sentence of 6 months imprisonment.

3) Aggrieved by the conviction and the sentence, an appeal was lodged before the High Court and the learned High Court Judge delivered judgement affirming the conviction and the sentence and dismissed the appeal.

4) The 2nd Accused sought special leave to appeal from this court against the judgement of the High Court and special leave was granted on the following question of law;

“Has the learned High Court Judge erred in failing to consider that the Mahawa Magistrate’s Court is not vested with the jurisdiction to hear and determine the case against the 2nd accused appellant-petitioner?”

Factual Background

5) On 01.03.2009, Public Health Inspector [of Nan-Neriya] detected a [sealed] bottle of Coca-Cola, a product of the 2^nd Accused establishment, containing impurities and/or foreign matter. After attending to the preliminary investigations, the bottle of Coca -Cola was forwarded to the Government Analyst. The Analyst, upon analyzing the contents, had detected foreign matter, which has been referred to as ‘කලු පැහැති ලප සහිත සුදු පැහැති අවල්᭮ිත ආග්᭞ුක ⶼᮅවයය’ suspended impurities in the liquid and had expressed the opinion that the contents were not fit for human consumption. It should be noted that what led to the detection was the information provided by a person in charge of running a canteen who had observed that the bottle, which had been supplied to her by the distributor of Coca-

Cola in the area, had some foreign matter in it.

6) After the investigations, both the distributor of Coca-Cola [the 1^st accused] and the produc