A.S. Udaya vs Diyagu Ardchchige Jayathilake – CA PHC : 71/2012-2012

In the case between Kinigamayalage Jayasinghe (appellant and subsequent registered owner) and the Hon. Attorney General and others (including A.S. Udaya—original complainant), the court addressed whether a person who became the registered owner of a confiscated vehicle after the date of an excise offence could assert ownership rights and secure release of the vehicle. It was held that acquisition of ownership post-offence, without proof of precautions or lack of knowledge regarding the illicit use of the vehicle, did not entitle the appellant to relief from confiscation. The principle reaffirmed is that, under prevailing excise law, an owner seeking exemption from forfeiture must establish either ownership at the material time and lack of knowledge, or that all precautions were taken to pr