Devenigoda Gamage Premalal Lakshman Vs. Director General Mahaweli Authority of Sri Lanka – CA PHC APN NO. 59/2011-2012

In the case between Devenigoda Gamage Premalal Lakshman (and other accused-petitioners) and the Director General, Mahaweli Authority of Sri Lanka, the court addressed the validity of charges under section 5(1) of the Offences Against the Public Property Act, read with section 391 of the Penal Code, relating to criminal breach of trust involving fertilizer alleged to be government property. It was determined that the property in question did qualify as government property, and no procedural defect in the indictment was found, as no objection had been raised at trial and there was no indication of the accused-petitioners having been misled. The appellate court dismissed the petition seeking revision of sentences, affirming the High Court’s decision. The holding reaffirmed that government pro