IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal in terms of Article 128 of the Constitution read with Section 9(a) of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990.

Officer-In-Charge, Police Station, Wennappuwa. Complainant SC Appeal No: 101/2012 HCA Appeal No: 11/2011 MC Marawila Case No: 47051/C/X Vs.

Nishantha Gamage No. 34/A, Meda Katukenda, Dankotuwa.

Accused Hetti Achchige Anton Sujeewa Perera No. 30/01, Bolawatta Road, Dankotuwa.

Claimant And between Hetti Achchige Anton Sujeewa Perera No. 30/11, Bolawatta Road, Dankotuwa.

Claimant-Appellant Vs.

1. Hon. The Attorney General Attorney General’s Department, Colombo 12. Respondent

2. Officer-In-Charge, Police Station, Wennappuwa.

Complainant-Respondent

3. Nishantha Gamage No. 34/A, Meda Katukenda, Dankotuwa.

Accused-Respondent And between Hetti Achchige Anton Sujeewa Perera No. 30/01, Bolawatta Road, Dankotuwa.

Claimant-Appellant-Appellant Vs.

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

Respondent-Respondent

2. Officer-In-Charge, Police Station, Wennappuwa.

Complainant-Respondent-Respondent

3. Nishantha Gamage No. 34/A, Meda Katukenda, Dankotuwa.

Accused-Respondent-Respondent Before : Priyantha Jayawardena PC, J A. L. Shiran Gooneratne, J Arjuna Obeyesekere, J Counsel : K. A. Upul Anuradha Wickramaratne for the Claimant-Appellant-Appellant.

Anoopa De Silva, DSG for the Complainant-Respondent-Respondent.

Argued on : 30^th November, 2021 Decided on : 5^th July, 2023 Priyantha Jayawardena PC, J Facts of the case This is an appeal to set aside the judgment of the Provincial High Court holden in Chilaw [hereinafter referred to as the “High Court”], dismissing an appeal preferred against an Order that forfeited a lorry transporting gravel without a valid licence by the Magistrate’s Court.

The claimant-appellant-appellant [hereinafter referred to as the “appellant”] is the registered owner of the lorry bearing registration number SG GM-1178, which was forfeited to the State by the learned Magistrate.

The driver of the said lorry was arrested by the Police while transporting gravel without a valid licence and proceedings were instituted against the driver in the Magistrate’s Court of Marawila in terms of section 136(1)(b) of the Code of Criminal Procedure, Act No. 15 of 1979, as amended [hereinafter referred to as the Code of Criminal Procedure]. Further, the said lorry, along with the gravel, was produced in the Magistrate’s Court by the Police.

Subsequently, the learned Magistrate had framed a charge against the said driver under section 182(1) of the Code of Criminal Procedure for transporting two cubes of gravel in a vehicle bearing registration number SG GM-1178 without a valid licence issued in that behalf by the Competent Authority, and that the said driver committed an offence by violating section 28(1) of the Mines and Minerals Act No. 33 of 1992, punishable under section 63(1) of the said Act.

The driver of the lorry had pleaded guilty to the said charge. Accordingly, he was convicted and imposed a fine of Rs. 60,000/-, which was paid by him on the same day. Further, the two cubes of gravel that were being transported were forfeited by the learned Magistrate and ordered to be released to the State Engineering Corporation.

On an application made by the appellant, who is the owner of the lorry, the said lorry was released to the appellant on a bond of Rs. 1,500,000/-, pending the inquiry in terms of section 63A(2) of the Mines and Minerals Act as amended by Act No. 66 of 2009. At the said inquiry, only the appellant had given evidence.

After the conclusion of the said inquiry, the learned Magistrate delivered the Order holding that the appellant had failed to take the necessary precautions to prevent the driver of the said lorry from illegally transporting gravel without a valid licence, and therefore, the said lorry was forfeited in terms of section 63(1) of the Mines and Minerals Act No. 33 of