L.B. Finance (Pvt) Ltd vs Hon. The Attorney General – CA PHC 158/2012-2013

In the case between L.B. Finance (Pvt) Ltd and the Attorney General and the OIC, Police Station, Wennappuwa, the court addressed whether the High Court correctly dismissed the petitioner’s revision application challenging the Magistrate’s order of vehicle confiscation. It was held that an affidavit supporting such an application does not require execution by a company’s Director or Chairman, but suffices if sworn by a person with direct knowledge of the facts. Further, the presence of an arguable issue regarding the correct procedural approach under the Code of Criminal Procedure Act qualified as an exceptional circumstance warranting review. The prior dismissal by the High Court was set aside, and the matter was remitted for reconsideration. This decision reaffirms the flexible approach t