The Hon Attorney General vs. Herath Mudiyanselage Amal Prasad Buddhika – CA PHC/APN/70/17-2022

In the case of the Attorney General v. Herath Mudiyanselage Amal Prasad Buddhika, the main issue addressed was the legality of the High Court’s acquittal of the accused-respondent, previously convicted under the Antiquities Ordinance for unauthorized excavation near an ancient tank. The primary question was whether the absence of discovered or harmed antiquities precluded conviction under Sections 6 read with 15(1)(a) of the Ordinance, and whether the Magistrate’s original sentence was legally permissible. The High Court acquitted the respondent on the basis that no antiquities were found or harmed during excavation and upon unopposed State Counsel consent. The Court of Appeal determined that the offence under the Ordinance is complete upon unauthorized excavation with the purpose of disco