T.N. Fernando, Assistant Commissioner of Excise, Kalutara v. Nelum Gamage, Bribery Commissioner and Another – sllr 1994 volume 3 page 190

In the case between T N. Fernando (Plaintiff, Assistant Commissioner of Excise, Kalutara) and Nelum Gamage (Defendant, Bribery Commissioner), the court addressed the legal question of whether the Bribery Act empowers an authorised officer to require a person to participate in an identification parade, and the appropriate use of Sections 3(2) and 6 of the Bribery Act in conjunction with Sections 5 and 124 of the Code of Criminal Procedure Act. It was held that while the Bribery Act allows a written directive for a person to answer bribery allegations, it does not authorise compelling an identification parade; such proceedings fall under the Magistrate’s discretion as stipulated in Section 124 of the Code of Criminal Procedure Act. The remedy of certiorari was deemed inapplicable to these pr

REF: sllr 1994 volume 3 page 190 Category: Tag:
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