P. Aruna Pradeepa Prasanna v. The Officer-In-Charge – CA PHC NO.61/2012-2012

In the case between P. Aruna Pradeepa Prasanna (appellant, registered owner of vehicle No. 17-2209) and the Officer-In-Charge, Special Crimes Investigation Unit, Western Province (North), Peliyagoda, with the Attorney General as respondent, the court addressed whether a vehicle owner’s lack of knowledge regarding the use of the vehicle for transporting illicit liquor warranted its release under Section 54(2) of the Excise Ordinance. The holding determined that confiscation under the Excise Ordinance is not automatic and requires a judicial inquiry into the owner’s knowledge and preventive actions. It was reaffirmed that “liable to confiscation” requires a different standard than the mandatory provisions under statutes like the Forest Ordinance. The decision relied on statutory interpretati