W.M. Piyal Senadheera vs. Hon. Attorney General – SC APPEAL NO. 249/2017-2024

In the case between W.M. Piyal Senadheera (registered vehicle owner) and the Hon. Attorney General, the Court considered whether the lower courts misapplied section 79 of the Poisons, Opium and Dangerous Drugs Ordinance (as amended by Act No. 13 of 1984) by requiring the owner of a confiscated vehicle to prove the taking of all reasonable precautions to prevent its use in committing an offence. The dispute centered on the appellant’s challenge to the forfeiture of a vehicle used by another individual for transporting Cannabis Sativa without the owner’s knowledge. It was determined that the statutory language of section 79, in contrast to provisions in the Forest Ordinance and Animals Act, did not exempt third-party owners nor provide a defense based on lack of knowledge or preventive measu