Order

Introduction

The Petitioner is a body corporate duly incorporated under the Companies Act, No. 7 of 2007, which is capable of suing and being sued in its corporate name. Further, the Petitioner claims that he is the local buyer of a certain consignment of salt imported by the 6^th Respondent as the consignee. The 1^st Respondent is the Senior Deputy Director of Customs, who held an inquiry and delivered an order on 29.09.2025 (P17), and the 2^nd Respondent is an Assistant Preventive Officer, attached to the Sri Lanka Customs, who investigated the matter. The 3^rd Respondent is the Director of Customs, under whose supervision the investigation was conducted. The 4^th Respondent is the Director of Customs, who is authorized to conduct the sales according to the tender (impugned). The 5^th Respondent is the Director General of Sri Lanka, appointed in terms of the Customs Ordinance, No. 17 of 1869 (as amended), and the 1^st to 3^rd Respondents are his subordinates. The 6^th Respondent is the consignee of the goods, whilst the 7^th Respondent is sued in his representative capacity as Attorney General.

The consignment of certain salt imported by the 6^th Respondent (later purchased by the Petitioner) has been seized by the Customs. Several seizure notices have been issued in terms of Section 125 of the Customs Ordinance, the said notices are marked as P13, P14, and P16. After an inquiry, the 1^st Respondent has decided to confiscate the entire consignment of salt imported by the 6^th Respondent and claimed by the Petitioner, by his order contained in P17. In addition to that, he has decided to confiscate the vessel MV Stella Beauty by the same order in terms of Section 125 of the Customs Ordinance. In the circumstances, the Petitioner challenged the same and sought a Writ of Certiorari to quash the orders contained thereof.

However, thereafter, by letter marked as P18, the two orders made in respect of the cargo and the vessel have been cancelled by the 2^nd Respondent and pending inquiry in terms of Section 135 of the Customs Ordinance. The vessel MV Stella Beauty has been released on a guarantee, whilst seizure in respect of the cargo still continues to operate pending the inquiry under Section 135 of the Customs Ordinance. In the meantime, the 1^st Respondent has called for tenders to auction the seized cargo.

In those circumstances, the Petitioner has sought, inter alia, the following reliefs from this Court, invoking the writ jurisdiction of this Court:

“(a) Issue notice on the Respondent;

(b) Call for the original case record of the customs Case No. PREV/2025/00266/CCR/002090 before Your Lordships Court;

(c) Grant and issue and interim order staying any further proceedings of customs case no.PREV/2025/00266/CCR/002090 until the final determination of this application;

(d) Grant and issue and interim order restraining the 1^st to 5^th Respondents and/or any of their subordinate officers from taking steps to auction and/or tender and/or dispose, the consignment morefully described in P19 until the final determination of this application;

(e) Grant and issue interim order directing the 1^st to 5^th Respondents and/or any of their subordinate officers to release the consignment morefully described in P19 subject to a guarantee provided by the Petitioner subjected to the payment of the relevant duty;

(f) Grant and issue a mandate in the nature of a Writ of Certiorari quashing the impugned order dated 02.09.2025 produced marked P17 delivered under the customs case no.PREV/2025/00266/CCR/002090;

(g) Grant and issue a mandate in the nature of a Writ of Prohibition restraining the 1^st to 5^th Respondent and/or any of their subordinate officers from taking steps to auction and/or dispose, the consignment morefully described in P19;

(h) Grant and issue a mandate in the nature of Writ of Mandamus compelling 1^st to 5^th Respondents and/or any of their subordinate officers to release the consignment morefully described in P19 to the Petitioner;

(i) Grant and issue a ma