P.S. Priyantha Rajapakshe Vs. Hon. Attorney General – CA PHC 72/2012-2012

In the case between P.S. Priyantha Rajapakshe (Petitioner/Appellant) and Hon. Attorney General, Attorney General’s Department, Colombo (Respondent), the court addressed the lawfulness of confiscating vehicle SGLC 7978 by the Magistrate of Kegalle following a conviction under the Mines & Minerals Act No. 33 of 1992 (as amended) for transporting sand without a permit. It was held that, in light of recent authority, vehicles used in the commission of such offences under the Mines & Minerals Act are not subject to forfeiture. This principle was reaffirmed relying on the precedent set by CA(PHC) 120/2012, emphasizing that forfeiture of vehicles in these circumstances was not permitted under the Act, resulting in the release of the vehicle to its registered owner.

K.T. Chitrasiri J. — Upon rev