Lalitha Jewellery PVT Ltd vs H L A De Silva – CA 237/97-2011

In Lalitha Jewellery PVT Ltd. v. H L A De Silva (Deputy Director of Customs, Intelligence and Investigations, Department of Sri Lanka Customs) and The Attorney General, the court addressed the issue of whether the dismissal by the Additional District Judge of the plaintiff’s claim for damages due to the forfeiture of gold plates by customs authorities was legally and factually correct. It was held that the decision to dismiss the action, based on findings that the gold’s importation was not satisfactorily established as lawful and that the penalty imposed was not excessive, was appropriate. The underlying principle reaffirmed was that a plaintiff must demonstrate a valid cause of action and that forfeiture and penalties under the Customs Ordinance are justified where proper procedures are