Wijesinghe Arachchige Dharmasena Vs OIC of Police Station, Kandy and Others – CA PHC APN 90/2016-2018

In OIC of Police Station, Kandy v. Wijesinghe Arachchige Dharmasena, the court addressed the legality of the Magistrate’s order cancelling the accused’s driving license for life under Section 216B of the Motor Traffic Act, following a conviction for driving under the influence, and the subsequent dismissal of the revision application by the High Court. It was held that, since the accused pleaded guilty, the prosecution was not obligated to prove the statutory minimum blood alcohol concentration. The interpretation and proper application of Sections 216A and 216B were central to the dispute. The findings established that the Magistrate erred in applying Section 216B, which mandates a lifetime cancellation only where death or injury results, and that Section 216A, providing for a discretiona