Kim John Kooling, Animal S.O.S. Lanka (Private) Limited vs Officer-in-Charge, Police Station, Weligama – CA PHC 73/2015-2023

In the case between Animal S.O.S. Lanka (Private) Limited and the Officer-in-Charge at Weligama Police Station, the Court of Appeal considered the legality and procedural propriety of a conditional order issued under section 98 of the Criminal Procedure Code by the Magistrate Court. The core legal issue centered on whether the High Court correctly dismissed the applicant’s revision and set aside the Magistrate Court’s order despite the statutory requirements not being fully observed, specifically with regard to conducting an inquiry as prescribed by sections 98, 100, 101, and 102 of the Criminal Procedure Code. The Court of Appeal determined that the High Court had erred by failing to ensure the appropriate statutory process was completed. As a result, the initial High Court order was set