Ishak v Laxman Perera, Director General of Customs and Others – sllr 2003 volume 3 page 018

In the case between ISHAK (Plaintiff) and LAXMAN PERERA, Director General of Customs, and others (Defendants), the court addressed whether an administrative order of forfeiture of foreign currencies under the Customs Ordinance and related statutes could be challenged by writ in the Court of Appeal. It was determined that the forfeiture occurred automatically by operation of law under Sections 12, 44, and 154 of the Customs Ordinance, as read with the Exchange Control Act, and was not the result of a discretionary decision subject to judicial review. Emphasis was placed on the existence of an alternative remedy available in the District Court for contesting the seizure and forfeiture, thereby precluding recourse to writ jurisdiction. The application was dismissed, with costs being awarded,