IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Revision in terms of Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka read with section 364 of the Code of Criminal Procedure Act No.15 of 1979 to revise the Order of the learned High Court Judge dated 25th April 2024 made under section 10 of the Prevention of Money Laundering Act No. 5 of 2006 as amended by Amendment Act No. 40 of 2011.

Court of Appeal No: Nalaka Wickramasinghe Senanayake, CA/CPA/0042/24 Senior Superintendent of Police – I, Gampaha.

PETITIONER Vs.

High Court of Gampaha Marasinghe Pedige Thushara Kumarasiri, Case No: SPL/1/2024 No. 134/D/2, Malkona Pethiyagoda, Gampaha.

RESPONDENT AND NOW BETWEEN Marasinghe Pedige Thushara Kumarasiri No. 134/D/2, Malkona Pethiyagoda, Gampaha.

(Presently at Mahara Prison) RESPONDENT-PETITIONER Vs.

1. Nalaka Wickramasinghe Senanayake, Senior Superintendent of Police – I, Gampaha.

2. Kosala - Chief Inspector, OIC of Divisional Crime Investigation Bureau, SSP Office, Gampaha.

3. The Hon. Attorney General, Attorney General’s Department, Colombo 12.

PETITIONERS-RESPONDENTS Before : Sampath B. Abayakoon, J.

: P. Kumararatnam, J.

Counsel : Kamal Suneth Perera instructed by P.S.A. Fernando for the Petitioner : Sudharshana De Silva, S.D.S.G., with Jayalakshi De Silva, S.S.C. for the Respondents Argued on : 03-07-2024 Decided on : 13-09-2024 Sampath B Abayakoon, J.

This is an application in revision preferred by the respondent-petitioner (hereinafter referred to as the petitioner) seeking to invoke the revisionary jurisdiction granted to this Court in terms of Article 138 of The Constitution.

He is the respondent named in the High Court of Gampaha Case Number SPL/1/2024. The petitioner is seeking to set aside or revise the order dated 25- 04-2024 made by the learned High Court Judge of Gampaha in the above-

mentioned case.

When this matter was supported for notice and a stay order, after having considered the relevant facts, circumstances and the law, this Court decided to grant notice to the petitioner-respondents named in the application and also issue interim orders required for the effective consideration of the application before the Court.

At the hearing of this application, we heard the submissions of the learned Counsel for the petitioner and the submissions of the learned Senior Deputy Solicitor General (SDSG) who opposed the application and argued that the order made by the learned High Court Judge should remain, as it was an order made after considering the relevant provisions of the law.

This is a matter where the Senior Superintendent of Police of Gampaha Division I has made an application under High Court of Gampaha Case Number SPL/1/2024, apparently on the basis of section 7 of the Prevention of Money Laundering Act No. 5 of 2006 as amended by the Amendment Act No. 40 of 2011 (hereinafter referred to as the Act).

In his application, which has been supported by the prosecuting State Counsel of Gampaha High Court, the said applicant has informed the Court that he conducted an investigation against the petitioner in terms of the Act, and as a result, he issued a freezing order relating to two passenger transport buses, numbered NG-4666 and NG-3666, and had moved to extend the freezing order for a further period of 3 months enabling him to proceed with his investigations under the Act. He has also submitted the relevant freezing order issued by him dated 05-01-2024 to the petitioner in that regard, marking the said freezing order as P-02.

In the same application, he has produced another freezing order, which has been marked as P-03, relating to a motorbike numbered WP-BII-8938 belonging to the wife of the petitioner and has moved to extend the freezing order in relation to that as well, on the same basis.

When this application was made and supported on 11-01-2024, the learned High Court Judge, after having considered the application made ex parte, has pron