W.M. Piyal Senadhira v. The Hon. Attorney General – CA PHC APN: 04/2017-2017

In W.M. Piyal Senadhira v. The Hon. Attorney General, the Court addressed whether the High Court’s order of confiscation of the petitioner’s vehicle, used in the illegal transport of cannabis by the petitioner’s brother, should be revised. The primary legal issue was whether the registered owner had discharged the statutory burden, under the Poisons, Opium & Dangerous Drugs Ordinance, by proving on a balance of probabilities that reasonable precautions were taken to prevent the unlawful use or that the vehicle’s use was without the owner’s knowledge. The holding determined that neither standard was met, reinforcing the principle that mere requests for safe return of the vehicle do not constitute sufficient preventive measures. Reliance was placed on the rule in “K. Mary Matilda Silva Vs I.