State Gem Corporation and Others v. Jayasundera – sllr 1999 volume 1 page 225

The case between State Gem Corporation and Others and Jayasundera addressed the issue of whether a gem, seized during criminal proceedings and subsequently produced in court, should be forfeited to the State or returned to the accused-respondent who was acquitted. It was determined that, where the gem was seized by the Police and produced in court rather than retained by the State Gem Corporation, the application of section 32(3) of the State Gem Corporation Act was not warranted, and forfeiture was not appropriate. The principle reaffirmed is that forfeiture under the Act is contingent upon a conviction, and procedural justice requires that an acquitted accused is not subjected to further litigation to reclaim the property. The decision relied upon the interpretation of sections 32 and 41