Rajapakshage Madunyshan Lakmali Vs. Officer in Charge, Police Station, Meerigama and others – C A PHC 70/2009-2009

In the case between Rajapakshage Madunushan Lakmali (Appellant) and the Officer in Charge, Police Station, Meerigama, with Hewa Pandirathnage Gunadasa and the Attorney General (Respondents), the court addressed the issue of the propriety of police seizure and subsequent return of a disputed motor car (No. WJ 4898). It was held that, as the dispute over possession and ownership of the car was purely civil and unrelated to any criminal proceedings, the Magistrate had correctly ordered the vehicle to be returned to the party from whom it was seized, namely the 2nd Respondent. The principle reaffirmed is that, in the absence of criminal involvement, police are not justified in intervening in civil possession disputes and must adhere to proper judicial directives. Reliance was placed on the abs