Officer-in-Charge, Police Station, Nochchiyagama vs W.A.D. Saman Wasantha Milroy – CA PHC 126/2006-2015

In the case between the Officer-in-Charge, Police Station, Nochchiyagama (and others) and Mallika Arachchige Sherly George Godwin Perera, the court addressed whether transporting pigs without a permit or veterinary return constitutes an offense under the Animals Act No. 29 of 1958, and whether the subsequent confiscation of the registered owner’s vehicle by the Magistrate’s Court was lawful. It was held that the Animals Act does not require a permit or return for the transport of pigs under the Part II provisions, and thus the charges and confiscation were not legally supported. The decision reaffirmed the principle that statutory interpretation must be strictly applied, particularly when penal sanctions or confiscation are involved. The court relied on the specific language and structure