Y. A. Bazeer and others v. Perera – 1978_79 volume 2 page 185

In the case between Y. A. Bazeer and others (Plaintiffs) and Perera (Defendant), the court addressed whether a charge sheet referencing an incorrect Government Gazette—specifically one defining the Wilpattu East Intermediate Zone rather than the Wilpattu National Park—constituted a fatal defect, and whether oral evidence sufficed to establish park boundaries in the absence of the correct Gazette. It was held that reliance on an erroneous Gazette vitiated the conviction, as oral testimony alone was inadequate; the relevant Gazette containing the Minister’s Order was required to establish the legal limits of the park. The court quashed the convictions and sentences, thereby acquitting the appellants. The decision confirmed that proper documentation is mandatory for statutory prosecutions, re

REF: 1978_79 volume 2 page 185 Category: Tag:
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