K.P. Nimal vs Lanka Cannaries Private Limited – CA PHC 129/2014-2022

Brief
In the matter between K.P. Nimal, Public Health Officer/Authorised Officer, Pimburaththewa, and Lanka Cannaries Private Limited (among others), the court addressed whether proceedings regarding an advertisement for “MD Diabetic Jam” were instituted within the statutory three-month period prescribed by section 20(1)(b) of the Food Act. It was held that the written complaint submitted by the Public Health Officer to the Magistrate constituted a valid institution of proceedings within the statutory period. The judgment reaffirmed that timely filing of the initial report complies with statutory requirements, emphasizing interpretation of sections 20(1)(b) of the Food Act and 136(1)(b) of the Code of Criminal Procedure Act, alongside relevant case law. The decision clarifies that the subs