Don Ranjan Ponnamperuma vs Hon. Attorney General – CA PHC APN 154/2017-2021

In Don Ranjan Ponnamperuma v. Hon. Attorney General and Others, the Court of Appeal addressed whether an order of the High Court of Colombo confiscating property under Section 6 of the Offences Against Public Property Act, No. 12 of 1982, could stand where the petitioner—a claimed bona fide purchaser—was not afforded an opportunity to be heard. The petitioner challenged the confiscation after being denied an inquiry into his claim on the property, which was forfeited upon the 1st accused respondent’s failure to pay a fine imposed following conviction. The legal principle examined was whether natural justice requires an inquiry into the rights of a third-party claimant before forfeiture of property. Upon review, it was held that the principles of natural justice require a hearing for bona f