Assistant Government Agent, Kalutara vs Aaron – clr volume 2 page 099_1

In Kalutara v. Aaron, the court addressed the issue of whether the removal of timber classified as river drift constituted an offence under section 46 of the Forest Ordinance No. 10 of 1885. It was held that removal of timber from river drift does not amount to an offence under the Ordinance, as “land” within the meaning of the Act refers only to a defined space and specifically excludes river-beds and similar areas. The principle reaffirmed emphasizes that penal statutes must be strictly construed, and the prosecution must establish all essential elements of the offence, particularly that the timber was removed from land as defined by the statute.

Withers J. — It was determined that the removal of timber as river drift fails to meet the offence requirement under section 46 of the Forest