Mudaliyar, Wellaboda Pattu V. Silva

Present: Schneider J.

MUDALIYAR, WELLABODA PATTU v. SILVA.

770-P. C. Balapitiya, 11,244:

    Seashore-Removal of coral from bed of sea-Prohibition by Government Agent-Meaning of the word " removal "-Ordinance No. 12 of 1911, ss. 5 and 6.

A Government Agent has no power to prohibit the removal of coral from the bed of the sea. The word " removal " for the purposes of the Seashore Protection Ordinance means moving from a place where a thing is found.

APPEAL from a conviction by the Police Magistrate of Balapitiya. The accused was charged with having illicitly collected sea coral stones from the sea beach at Akurala within an area prohibited under section 5 of Ordinance No. 12 of 1911.

Rajapakse, for accused, appellant.-The scope of sections 3 and 5 must be distinguished. Under section 3 the Governor may prohibit' the removal of sand or coral from certain proclaimed areas of the

seashore or from the bed of the sea contiguous thereto. Under Mudativar section 5 the Government Agent may prohibit the removal of such. from certain particular spots on the seashore only.

The charge and conviction under section 6 are based upon

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