Officer in Charge, Police Station, Kottawa vs. Nalin Nagahawatta and Susantha Nagahawatta – CA PHC APN 132/2012-2012

In the matter between the Officer in Charge, Police Station, Kottawa and Nalin Nagahawatta and Susantha Nagahawatta (trading as Nagahawatta Exporters and Importers), the court examined the validity of an order issued under Section 98(1)(b) of the Code of Criminal Procedure Act No 15 of 1979, relating to alleged public nuisance caused by smoke emission. The inquiry centered on whether the Magistrate’s order—confirmed by the High Court—was procedurally correct, considering it was made without a conditional order and after receipt of ex parte evidence. It was held that strict compliance with statutory requirements is mandatory, and absence of a conditional order as stipulated by Section 98(1)(b) compromised the validity of the proceedings. The decision reaffirmed the importance of adherence t