Marikar vs Dias – clr volume 2 page 158_1

In the case between the Crown (prosecution) and the accused individual charged with unlawfully removing timber, the court addressed whether the accused committed an offence under the applicable forest and timber regulations, particularly in view of legislative amendments introduced by Ordinance No. 1 of 1892. It was held that the mere removal of “timber” as distinct from “forest produce” could not constitute an offence under the amended statutes. The decision reaffirmed the principle that criminal liability must rest upon clear statutory authority, especially after substantive amendments to definitions and offences. Reliance was placed on the amended language and repealed provisions of the relevant Ordinances, establishing that the removal of timber, absent proof of its status as “forest p