Lemesurier vs Abesakere – clr volume 2 page 062

In LEMESURIER (plaintiff) v. ABESAKERE (defendant), the court dealt with the validity of a proclamation and the subsequent attachment of property issued under sections 62, 63, and 64 of the Criminal Procedure Code. It was determined that the procedural steps leading to the attachment and potential confiscation of the accused’s property lacked adherence to statutory requirements, particularly concerning the sufficiency and formality of evidence establishing concealment for the purpose of evading arrest, and the observance of prescribed redemption periods. The findings established that the proclamation and all proceedings following it were vitiated by procedural irregularities. Reliance was placed on the strict application of the requirements under the Criminal Procedure Code, emphasizing th