SOME IMPORTANT FEATURES REGARDING THE OFFENCES AGAINST PUBLIC PROPERTY ACT

1. Date of Enactment 25th March 1982.

2. Act No 12 of 1982

3. Amendments - Act No 76 of 1988 and Act No 28 of 1999.

4. Definition of Public Property in Section 12.

5. Bail - Section 8 - Bail can be granted by the MC only on exceptional circumstances if the value of the subject matter exceeds Rs.25000/- and if there is a certificate to such effect. 

6. If Bail is refused apply by way of Revision to the HC. 

7. The Revision Application must reveal exceptional circumstances generally required for a Revision Application and exceptional circumstances required for bail under the Act both. 

8. Please comply with the SC Rules in making the application. 

IMPORTANT CASE LAW 

1. Ram Kirpal Chakka v Union of India AIR 1955 Allahabad PG 468.

2. Kananke Dhammadinna v AG CA Application No 310/1992 decided on 21/05/1999.

3. Ravi Karunanayake v AG CA Revision 5/2004 Decided on 13/01/2005.

4. Ehelepola v OIC Kandy 1988 1 SLR 295.

5. Dingiri Banda V AG 1986 2 SLR 356 

6. AG v Gunaratne 1995 2 SLR 240.

7. Juzath v OIC Fraud Bureau 1992 BLR Volume IV Part II Page 36. 

NOTE- The State appealed against Ravi Karunanayake s Judgement. While it was pending the SC decided Mohomad Shiyam v OIC Narcotics Bureau 2006 2 SLR 156. By this time the case of Thilanga Sumathipala v AG 2006 2 SLR 126 had also being decided. In both these cases it was held that the bail Act will not apply to offences under other statutes for which specific provisions had been made. Hence the Counsel and the Court without arguing the appeal in Ravi K s case decided that Shiyam s Case was the law on this point. 

I don't agree with that Judgement. The primary reason is that section 8 of the PP Act does not introduce a seperate mechanism for the granting of bail. In other statutes the MC has no power and the HC has been given the power to grant bail. Under section 8 of the PP Act all that has been mentioned is a special condition. Namely Exceptional circumstances. This is not a mechanism but a condition. IT IS IMPORTANT THAT SOME DAY IN THE FUTURE THIS ASPECT IS TAKEN UP BEFORE THE SC IN AN APPROPRIATE CASE. 

GOOD DAY TO EVERY ONE.

Kalinga Indatissa