Nazeer Ahamad Mohomed Rizvi v. Officer-In-Charge, Police Station, Alawathugoda – CA PHC APN 01/2011-2011

In the case between Nazeer Ahamad Mohomed Rizvi (Petitioner/Appellant) and Officer-In-Charge, Police Station, Alawathugoda with the Hon. Attorney General (Respondents), the court addressed the legality of the confiscation of a vehicle used for the transport of timber without a valid permit. The core issues included whether the absence of the absolute owner (Bank of Ceylon) in confiscation proceedings rendered such confiscation invalid, and whether the Petitioner could seek revisionary jurisdiction given the availability of an appeal. After considering statutory amendments to Section 433(a) of the Criminal Procedure Code and the Forest (Amendment) Act No. 65 of 2009, it was held that notification or inclusion of the absolute owner was not required when the accused had been found guilty of a