Lanka Orix Leasing Company PLC Vs. Officer In Charge, Miner Offence Branch, Police Station, Kandhana and others – CA PHC 102/09-2015

In the case between Lanka Orix Leasing Company PLC and Konganige Kalyani Fernando (with Officer In Charge, Minor Offence Branch, Police Station, Kandhana, and Michael Eisec as parties), the court addressed the legality of vehicle confiscation under the Excise Ordinance where the vehicle is owned by a third party (the lessor), but implicated in a crime by another. It was held that confiscation is not automatic against non-offending absolute owners and that due process must be observed, especially affording such owners the right to be heard and to establish a lack of knowledge or involvement. The decision reaffirmed the principle that both registered and absolute owners must demonstrate on a balance of probabilities that all reasonable measures were taken to prevent illegal use, drawing on r