Alagaratnam and Others v. The Republic of Srilanka – sllr 1986 volume 1 page 237

In the case between Alagaratnam and Others (Plaintiffs) and The Republic of Sri Lanka (Defendant), the court addressed the issue of whether the accused’s joint and exclusive possession of stolen tea constituted theft, and whether mere presence in a lorry amounted to evidence of common intention to steal. The court held that the appellants’ collective, conscious, and exclusive possession of the stolen property supported a conviction for theft, but the separate charge of retention of stolen property could not be sustained concurrently with the theft conviction. This decision reaffirmed the principle that joint possession in circumstances evincing a prearranged plan amounts to liability for theft, and emphasized the separation of the offences of theft and retention under the law. The outcome