Nenathunga Liyanage Muditha Nishani Nenathunga vs. The Officer-in-Charge Excise Station, Ja-ela – CA PHC APN 157/2022-2024

In the case between Nenathunga Liyanage Muditha Nishani (petitioner) and the Officer-in-Charge, Excise Station, Ja-ela, and the Attorney General’s Department (respondents), the court addressed the issue of whether the revision applications seeking to set aside the confiscation of the petitioner’s vehicle under the Excise Ordinance should succeed, particularly in light of the petitioner’s claim of lack of knowledge regarding the alleged offence and her efforts to prevent the crime. It was held that both the orders of the Magistrate Court of Welisara and the High Court of Negombo, which upheld the vehicle’s confiscation, were erroneous and ought to be set aside. The principle reaffirmed was that the discretionary power of revision may be exercised where there has been a misdirection in evalu