Nizar v. Inspector of Police, Wattegama – 1978_79 volume 2 page 304

In the case between Nizar (Plaintiff) and the Inspector of Police, Wattegama (Defendant), the court addressed the effect of an Emergency Regulation that removed the proviso to section 3A of the Animals Act. The key legal issue was whether this amendment absolved the Magistrate of the obligation to consider the vehicle owner’s evidence and provide an opportunity to show cause before ordering confiscation of a vehicle used in the commission of an offence. It was held that the phrase “liable to confiscation” preserves judicial discretion and necessitates a judicial inquiry into the owner’s knowledge and precautionary actions. This principle was reaffirmed with reliance on statutory interpretation norms, emphasizing that mere statutory liability does not compel automatic forfeiture and that pr