JUDGMENT

P. Kumararatnam, J.

The Complainant filed a charge sheet Under Section 63(1) (a) of the Mines and Minerals Act No.33 of 1992 as amended by Act No.66 of 2009 against the Accused in the Magistrate Court of Ambalantota for mining sand without a valid license issued by the Geological Survey and Mines Bureau using an Excavator Machine bearing registration No. SK 200. As the Accused pleaded guilty to the charge sheet, the Learned Magistrate of Ambalantota had convicted the Accused and imposed a fine of Rs.50,000/- and fixed for an inquiry under Section 63 (b) (1) of the Mines and Minerals Act to decide whether to confiscate the Excavator Machine bearing No. SK 200.

At the conclusion of the inquiry, the Learned Magistrate had decided to confiscate the aforesaid machine by his order dated 25.11.2021. At the inquiry only the Registered Applicant-Appellant-Petitioner (Hereinafter referred to as the Petitioner) had given evidence on him behalf.

Being aggrieved by the order of the Magistrate, the Appellant filed a Revision Application in the Provincial High Court of Southern Province Holden at Hambantota to revise the order of the Learned Magistrate of Hambantota.

After an inquiry, the Lea