HOPWOOD

Vs.

OFFICER-IN-CHARGE, MINOR OFFENCES BRANCH, RAGAMA POLICE STATION

SUPREME COURT
ALUWIHARE, J.
AMARASEKARA, J.
GOONERATNE, J.
SC/FR/257/2018
FEBRUARY 23, 2021

Fundamental rights-Article 13(1) of the Constitution-Freedom from arbitrary arrest and detention-Code of Criminal Procedure Act, sections 23(1), 32(1)(b)

The managing partner of the company who issued two cheques to a supplier advised the banks to stop payment on both cheques on the basis that some of the goods supplied to the company were defective. On a complaint made by the supplier to the police, the 1st respondent, the officer-in-charge of the Ragama police station, required the managing partner of the company to be present at the police station but, as he was indisposed, the petitioner, the chief manager of the company, presented himself at the police station instead. The 1st respondent arrested the petitioner, recorded a statement from him and held him overnight in the police cell and produced him before the Magistrate on the following day for criminal misappropriation of the money due on the two cheques.

The petitioner complained to the Supreme Court that there was no complai