Officer in Charge Special Crimes Investigation Division, Police Station, Avissawella. Complainant v M.B.M. Musees, et al – CA PHC 168/2014-2014

In the case between Watagala Gamaralalage Nihal Premathilaka (Appellant) and Ranawaka Arachchilage Kushan Maduranga Nawaratna (Respondent), the court addressed the issue of rightful possession of a van (No. 50 Sri 7295) seized by police during a criminal investigation, specifically whether the van should be returned to the original owner or retained by the individual from whom it was seized, considering allegations of fraudulent transactions. It was held that the High Court’s decision directing the van to be handed over to the good faith purchaser (Respondent) be affirmed, maintaining that Section 431 and Section 433 of the Code of Criminal Procedure restrict courts to questions of possession and do not conclusively resolve civil ownership disputes. The decision reaffirmed the legal princi