Thalarambage Umendra Lanka Dharmadasa v. The Officer in Charge, Special Crimes Investigation Unit, Mirihana – CA PHC/APN/10/2014-2016

In the case between Gihan Jayanath Gamage and Abuthahir Mohammad Iqbal, the court addressed the issue of entitlement to the possession and release of a vehicle (Isuzu Jeep, reg. no. 32-4261) seized in connection with a fraudulent transaction. The court held that where a vehicle has been obtained by fraud but subsequently transferred to a bona fide purchaser for value, the bona fide purchaser is entitled to retain possession, notwithstanding the original owner’s fraud claim, thus reaffirming the principle that criminal court orders for property release under Section 431 of the Criminal Procedure Code must account for good faith acquisition. Reliance was placed on the statutory framework and precedent on the distinction between criminal and civil remedies for property obtained under fraudule