Edirisinghe v. Weeraratne and Officer In Charge, Moneragala Police – sllr 1984 volume 1 page 173

In the case between Edirisinghe (Plaintiff) and Weeraratne and Officer-in-Charge, Moneragala Police (Defendants), the court addressed whether section 66(1) of the Code of Criminal Procedure Act, No. 15 of 1979 permits a Magistrate to issue a summons or freeze order to prevent an accused from retaining illicit gains prior to the conclusion of proceedings. It was held that the provision is not confined to trial proceedings and empowers the Magistrate’s Court to issue orders securing the subject property during any stage, thereby preventing the accused from enjoying the fruits of the alleged crime. The decision reaffirmed the principle that judicial intervention may be exercised to preserve the status quo over disputed assets, relying on precedents such as Samaraweera v. Officer-in-Charge C.F

REF: sllr 1984 volume 1 page 173 Category: Tag:
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