Registered Owner vs. Officer In Charge, Police Station, Horowpathana – CA/PHC/AAPN/106/15-2016

In the case of Phunchiralage Dhanapala v. Officer In Charge, Police Station, Horowpathana and Others, the court addressed whether, under the Mines and Minerals Act (No. 33 of 1992 as amended by Act No. 66 of 2009), a vehicle may lawfully be confiscated by a Magistrate after having been used in the commission of an offence relating to illegal sand transportation. The court determined that the statutory framework does not authorize forfeiture of vehicles—only minerals, machinery, equipment, or materials are subject to confiscation. The findings further established that the delay in seeking revision by the Registered Owner, excused due to significant medical circumstances, did not preclude granting relief. The decision reaffirmed the principle that statutory powers must be strictly construed