Dhanapala Fernando v. Attanayaka, Officer In Charge, Kandana Police Station and Others – sllr 2003 volume 1 page 196

Brief
In the case between Dhanapala Fernando (plaintiff) and Attanayaka, Officer-in-Charge, Kandana Police Station, along with other police officers (defendants), the court addressed the issue of whether repeated police searches, arrests, and closure of a licensed restaurant and inn violated the petitioner’s fundamental rights. It was held that the police actions, undertaken on the basis of vague suspicion and without lawful justification, infringed the petitioner’s fundamental rights under Article 12(1)(g) (invasion of privacy) and Article 14(1)(g) (right to carry on a lawful business). The findings established that the acts of forced entry, arrest of guests and manager, and compelled closure of the establishment were unsupported by either Sections 32 and 33 of the Code of Criminal Proced