The Queen vs Costa – clr volume 2 page 205_2

In The Crown (The Queen) v. Simon Leonard De Costa, the court examined whether the head clerk of the District Road Committee, De Costa, had an implied obligation as a public servant to account for funds received from a resthouse-keeper, and whether his failure to remit those funds constituted criminal breach of trust under sections 388/392 of the Ceylon Penal Code. It was held that an implied obligation to account for such funds arose from their actual receipt, irrespective of whether the duty to receive was expressly stated. This reaffirmed the principle that public servants entrusted with funds are accountable for their proper handling and can incur criminal liability for dishonest misappropriation. Reliance was placed on statutory provisions concerning criminal breach of trust, with emp