Jaleel and Another v. Officer In Charge, Police Station, Kegalle – sllr 1994 volume 1 page 225

In the case between Jaleel and Another (Plaintiffs) and Officer-in-Charge, Police Station, Kegalle (Defendant), the court addressed the issue of whether individuals accused under the Code of Intellectual Property Act for allegedly selling or exposing for sale tins of paint bearing a forged mark could be held liable when evidence suggested the items were withdrawn from display and not intended for sale. It was held that the prosecution failed to establish that the paint tins were offered for sale and that the accused were entitled to statutory defenses under Section 152(2) of the Act. The principles reaffirmed include the prosecution’s burden to prove all elements of the offence and the availability of statutory defenses where reasonable precautions, full disclosure, and innocence are shown