Mohamed Uvais Mohamed Fazal vs. Thaha Saideen Mohamed Raseen et al. – CPA/0018/23-2023

In the case between Mohamed Uvais Mohamed Fazal (claimant-petitioner and registered vehicle owner) and Thaha Saideen Mohamed Raseen, Walimunige Mahesh Chathuranga, Herath Mudiyanselage Anura Bandara (accused-respondents), along with the Attorney General’s Department (complainant-respondent), the legal issue concerned whether a registered vehicle owner, lacking knowledge and control over the illegal acts of employees, should face automatic confiscation of the vehicle under Section 79 of the Poisons, Opium and Dangerous Drugs Ordinance. The court ruled that, where an owner has taken all reasonable precautions and has no actual knowledge or control over the offence, rigid application of automatic forfeiture does not accord with principles of justice and statutory interpretation. Reference was