Amarsinghe vs Jayathilake, Director-General of Customs and Others – sllr 2004 volume 2 page 169

In the case between the petitioner (an importer of a motor vehicle) and Jayathilake, Director-General of Customs, along with other state officials, the court addressed the issue of whether a writ of mandamus could be issued to compel customs authorities or the minister to release a vehicle seized and forfeited under the Customs Ordinance. It was determined that the discretionary power under sections 164 and 165 of the Customs Ordinance did not create a statutory right enforceable by mandamus for the petitioner. The principle reaffirmed that discretionary powers vested in the minister to restore forfeited goods do not confer an absolute right to release, and the exercise of such discretion cannot be compelled by judicial writ. The application was dismissed accordingly, relying on statutory