"This court observes that a balance need to be maintained, having considered the case of either party. Health of each and every citizen of our country and all those living in Sri Lanka permanently or in a temporary capacity is paramount and need to be protected. On the other hand a legally established business/industry cannot be denied its legitimate rights, flowing from the laws of our country. If 80% of the space is covered by health warnings the remaining space would not be sufficient to display the manufacturers trade mark. At the oral hearing of this application, the learned Deputy Solicitor General very correctly conveyed to this court that the authorities concerned would be agreeable and willing to allocate 75% of the space for health warnings. However at that point of time of the hearing the learned President's Counsel for the Petitioner Company was not prepared to act on the above ratio of 75%, as he may have thought that to accept the suggestion of learned Deputy Solicitor General would not be in the best interest of his client. However it is the view of this court that warnings/pictorial health warning should cover a space between 50% to 60%. Thus giving the Petitioner Company at least 40% space to manage the Companies Trade Mark rights, within that space. The authorities concerned are directed to suitably amend the regulation to allocate a ratio anything between 50% to 60% for health/pictorial warnings."