NAZEER AND ANOTHER

Vs.

WIJEWEERA AND ANOTHER

COURT OF APPEAL
J. DE SILVA, J.
KARUNARATHNA, J.
CA/WRIT /83/2014
MAY 9, 2019

Writs of certiorari and mandamus-Customs Ordinance, sections 8(1), 12, 43, 107A (1)-lmport and Export Control Act, No. 1 of 1969- Exchange Control Act-Admission of guilt-Action for declaration of title-Alternative Remedy

The 1st petitioner was intercepted by customs on his arrival in Colombo and 10 gold slabs valued at Rs. 5 million were found in his possession

in contravention of sections 12, 43, 107A(1) of the Customs Ordinance read with the Import and Export Control Act. A customs inquiry was held in terms of section 8(1) of the Customs Ordinance by the 2nd respondent on the same day and the 1st petitioner was represented by an attorney-at-law who pleaded guilty to the charges. The 2nd respondent inter alia declared the forfeiture of the gold. The petitioner filed this application before the Court of Appeal seeking a writ of certiorari quashing the said order and a writ of mandamus compelling the respondents to release the gold to the petitioner.

Held:

1. An admission of fact made by counsel is binding on the client