Warnakula Patabendige Aquinas Susantha Perera Vs OIC, Police Station, Marawila and others – CA PHC 138/2017-2023

In the case between the registered owner (Claimant-Petitioner, Susantha Perera, Appellant) and the Officer-in-Charge, Police Station, Marawila; the second Respondent (accused in the criminal proceeding); and the Attorney General’s Department, the court addressed the issue of the right to revision and proper procedure in cases of vehicle confiscation under the Excise Ordinance. It was held that the dismissal of the appellant’s revision application by the High Court Judge, without hearing all necessary parties, contravened the fundamental requirement of audi alteram partem. The principle was reaffirmed that revisionary powers, although extraordinary and to be exercised in exceptional circumstances, serve as a safeguard where procedural fairness is violated, even if an alternative remedy exis