Joe Cumine vs Dr. Nevil Gunawardena – CA 70/2008-2013

The case between Joe Cumine (Plaintiff/Petitioner) and Dr. Nevil Gunawardena (Director General, Customs Department) with others addressed whether the customs authorities’ forfeiture of a Toyota Land Cruiser Jeep was lawful, particularly regarding the powers of forfeiture under Section 129 of the Customs Ordinance as applied to a bona fide purchaser. It was determined that the petitioner had not established lawful importation of the vehicle and that Customs acted within statutory powers. The ruling reaffirmed the necessity of joining all necessary parties in writ applications and clarified that vehicle registration does not validate unlawful importation. Reliance was placed on principles of the burden of proof, statutory compliance, and procedural requirements under the Customs Ordinance, h