Meegahapola v. Officer In Charge, Harbour Police, Colombo and Another – sllr 1992 volume 1 page 058

In the case between Meeegahapola (the 5th accused-petitioner) and the Officer-in-Charge, Harbour Police, Colombo and another, the court addressed whether an acquittal on criminal charges entitles the accused to the return of productions (25 cassette radio sets) seized by the police. It was held that acquittal does not automatically confer a right to reclaim such productions; instead, the court retains discretion under Section 425(1) of the Code of Criminal Procedure Act to order the disposal of produced property after appropriate inquiry. Emphasis was placed on the principle that the burden lies on the claimant to establish ownership during said inquiry, regardless of the acquittal. Citing relevant authorities, it was determined that the accused-petitioner’s failure to prove ownership just