The Hon. Attorney General vs Selliah Sathis Kumar – 94/2011-2017

In The Hon. Attorney General v. Selliah Sathis Kumar, the court addressed the issue of whether the accused-appellant, as driver of a government vehicle, was in actual and exclusive possession of ammunition and explosives found concealed within the vehicle. It was held that conviction and sentence under Emergency Regulations could be maintained where exclusive possession and requisite knowledge were established, even in strict liability offences. The principle reaffirmed that strict liability provisions under Emergency Regulations do not necessitate proof of mens rea, relying on established statutory interpretations and relevant precedents such as Perera v. Munaweera, Perumal v. Arumugam, and Shanmugarajah v. Republic of Sri Lanka. The decision emphasized that where the prosecution establis