Vitharanage Shiromala Priyadarshani v. The Hon. Attorney General – CA PHC/158/2015-2015

In the case between Vitharanage Shiromala Priyadarshani (Appellant) and the Hon. Attorney General and Sarath Rathnayake (Respondents), the court addressed the issue of whether Section 79 of the Poisons, Opium and Dangerous Drugs Ordinance (as amended) compels the automatic confiscation of a vehicle used in transporting cannabis without affording the registered owner an opportunity to prove innocence. It was held that Section 79 mandates forfeiture without placing a burden on the owner to establish non-involvement or lack of knowledge. The court reaffirmed the principle that statutory provisions must be applied as enacted unless an explicit legal mechanism provides otherwise, and that principles of Natural Justice may not override clear legislative language in cases of strict statutory forf