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2022 Supreme(SRI)(CA) 688

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Menaka Wijesundera J., Neil Iddawala J.
Kankanamge Sujith Siriwardena – Appellant
Versus
The Officer-In-Charge Anti-Corruption Unit Police Station Matara – Respondent


Advocates:
Sharmal Herath for the Registered Owner – Petitioner – Appellant.
Panchali Witharana, SC for the Respondents.

Iddawala – J

This application concerns an appeal by the Registered Owner-Petitioner- Appellant (Hereinafter, the appellant) pleading for the vehicle confiscation order issued by the Magistrate’s Court of Matara on 25.01.2019 and its affirmation by the High Court of Matara on 16.07.2021, to be set aside.

The facts of the case briefly are as follows. The accused was charged in the Magistrate’s Court of Matara (case number 45734) under the Animals Act, No. 29 of 1958 (last amended in 2009) for unlawfully transporting 11 bulls using the lorry bearing No. SP LE-9581 on the 03.07.2011. The accused pleaded guilty to the charges and was fined, and subsequently a vehicle inquiry was held. After evaluating the submissions made by the appellant, the learned Magistrate had ordered the confiscation of the said vehicle on the ground that the appellant has failed to satisfy the court of the requirements imposed on him by the law as the owner of the vehicle, have been fulfilled by the appellant. Being aggrieved by the said order, the appellant has invoked the revisionary jurisdiction of the High Court of Matara, and the learned High Court Judge has dismissed the application upholding the confiscatio

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