1948 Present : Howard C.J.
 
SIRIMALA, Appellant, and BANDARANAIKE (Range Forest
Officer), Respondent.
 
S. C. 211-M. C. Kurunegala, 33,005.

Fauna and Flora Protection Ordinance-Charge of possessing elephant-Acquittal of accused-Order of forfeiture of elephant irregular-Section 22. Where a person charged under section 22 of the Fauna and Flora Protection
 
Ordinance with unlawful possession of an elephant is acquitted, the Court has no power to order the forfeiture of the elephant.
 
APPEAL from a judgment of the Magistrate, Kurunegala.
 
G. E. Chitty, with A. H. E. Molamure, for the accused, appellant.

Boyd Jayasuriya, Crown Counsel, for the Attorney-General.
 
April 22, 1948. Howard C.J.-
 
In this case the appellant was charged with being in unlawful possession of a tusker under section 22 of the Fauna and Flora

Protection Ordinance (Cap. 325). Section 22 of this Ordinance is worded as follows :-
 
" Any person who is in unlawful possession of a tusker or an elephant shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term which