Warakapitiya Gamage Sujith Priyantha vs. The Officer-in-Charge, Police Station Ambalantota – CA PHC APN 150/2022-2024

In the case between Warakapitiya Gamage Sujith Priyantha (Petitioner/Appellant) and the Officer-in-Charge, Ambalantota Police Station, and the Attorney General’s Department (Respondents), the court addressed the issue of whether the registered owner of an excavator had taken all necessary precautions to prevent its illegal use in mining sand without a valid license under the Mines and Minerals Act. The holding determined that the petitioner had acted with appropriate diligence, and the prior forfeiture of the machinery was unwarranted. The legal principle reaffirmed was that the registered owner, upon establishing due precaution and absence of benefit from the illegal activity, cannot be subjected to confiscation orders. This decision relied on the proper interpretation of Section 63(1)(a)