1962 Present : T. S. Fernando, J.

R. LOVELL (Range Forest Officer), Appellant, and T. SINNADURAI and another, Respondents

S.C. 193 of 1961-M. C. Chavakachcheri, 13,741

    Forest officer-Authority to prosecute in Magistrate's Court-Transit afforest produce- Validity of Regulation 5-Forest Ordinance, ss. 24 (1) (b), 24 (2), 25, 37-40- Interpretation Ordinance, s. 17 (1) (c).
   
    A person who is a forest officer within the meaning of the Forest Ordinance and a public officer within the meaning of the Criminal Procedure Code is entitled to enter a prosecution under the Forest Ordinance and to conduct it in the Magistrate's Court. It cannot be contended that he " cannot appear in Court except through the Government Agent or the Assistant Government Agent as contemplated in sections 37, 38 and 39 of the Forest Ordinance."

    Regulation 5 (1) prohibiting the removal of timber, without a pass, within or beyond the limits of any specified area is not ultra vires of the provisions of section 24 (1) of the Forest Ordinance. The matters described in clause (6) of section 24 (1) are only illustrative of but do not set limitations on the powe