Hon. Attorney General vs Reksi Manoj de Seram – CA PHC APN 18/2013-2013

In the case between Sangarajage Don Cannycious Joshep Appuhami (petitioner) and the Hon. Attorney General and Officer-In-Charge, Police Station, Marawila (respondents), the court addressed whether the High Court’s order for complete confiscation of the 4th accused’s properties, following his absence, was made in violation of Sections 241, 421, and 422 of the Code of Criminal Procedure Act. It was held that the order was improper, as the court had failed to conduct the mandatory inquiry or afford the accused or his sureties an opportunity to show cause against confiscation. The decision reaffirmed the principle that strict compliance with statutory procedure and natural justice is essential in forfeiture proceedings. The court relied on the explicit procedural mandates of the Code of Crimin