Mahamalage Sunali Wathsala Jeewakumari vs The Officer-in-Charge, Police Station, Chilaw – CA PHC APN 13/2022-2023

Brief
In Mahamalage Sunali Wathsala Jeewakumari Elivitiya v. The Officer-in-Charge, Police Station Chilaw and Others, the court addressed whether a revision application should set aside the order of confiscation of a JCB Machine made under the Mines and Minerals Act, following an allegation of mining sand without a permit. It was held that the petitioner, as the owner of the confiscated equipment, had acted without knowledge of the offence and had taken adequate preventive measures, thereby warranting the setting aside of the confiscation order. The decision reaffirmed the principle that judicial discretion on confiscation requires consideration of actual knowledge and precautions by the registered owner. The holding relied on statutory interpretation of the Mines and Minerals Act and rele