Dharmarajah v. Beddewella Officer In Charge of Mullaitivu Police Station – sllr 1981 volume 2 page 465

In the case between Dharmarajah (Plaintiff) and Beddewella, Officer in Charge of Mullaitivu Police Station (Defendant), the court addressed the issue of whether the prosecution had sufficiently established the accused’s requisite knowledge and exclusive possession of mail bags under Sections 76C(1) and 76C(2) of the Post Office Ordinance, as amended by Act No. 24 of 1957. It was held that the prosecution failed to prove the essential elements of knowledge and exclusive possession, leading to the setting aside of the conviction and the acquittal of the accused. The principle reaffirmed was that the presumption under Section 76C(2) does not arise unless exclusive possession and knowledge are first established by the prosecution. The decision relied on the strict interpretation of statutory p