1951 Present: Nagalingam J.

RASIAH, Petitioner, and TAMBIRAJAH (Divisional Forest
Officer) et al. Respondents

S. C. 360-Application in revision in M. C. Point Pedro, 11.264

Forest Ordinance (Cap. 311), ss.40, 43-Order of confiscation-Legality of ex parte order-Right of appeal-Revision -criminal Procedure Cods, s. 340.

Where a person is convicted of a forest offence, property used by him in the commission of the offence but belonging to a third party cannot be confiscated by order of Court under section 40 of the Forest Ordinance without an opportunity being given to the third party against the order being made.

Held further, that if an order of confiscation is made against such third party ex pane, he is entitled to move in revision and is not boned by the the time limit imposed by section 43 of the Forest  Ordinance in relation to appeals.

APPLICATION to revise an order of the Magistrate's Court, Point Pedro.

H. Wanigatunga, with M. Ramalingarn, for the petitioner..

L. B. T. Premaratne Crown Counsel, for the Attorney-General.

Cur. adv. vult.

October 25, 1951. NAGALINGAM J.-

This is an application in revision by the petitioner who