Vehicle confiscation appeal following his brother's cannabis conviction
Current status of the Vehicle confiscation appeal following his brother's cannabis conviction
This is not a criminal case against Piyal. His elder brother, Sampath Preethi Viraj, borrowed Piyal's registered vehicle (a black Toyota double cab, No. SP PE 1214) on 28 March 2013 to move a paddy harvesting machine; Sampath was arrested that same day by the Special Task Force after the vehicle was found to have been used to transport cannabis, and was later convicted of trafficking and possessing 106 kg 105 g of Cannabis Sativa (see sampath-manamperi-01). After Sampath's conviction, the High Court of Monaragala held an inquiry into the vehicle and, on 6 December 2016, refused to release it to Piyal and ordered it confiscated under section 79 of the Poisons, Opium and Dangerous Drugs Ordinance. Piyal challenged that order - first by a revision application to the Court of Appeal (dismissed 14 September 2017), then by appeal to the Supreme Court (SC Appeal No. 249/2017). The Supreme Court dismissed Piyal's appeal on 20 February 2024, affirming the confiscation. The Court held that although Piyal was a third-party owner who had not been a party to the cannabis offence itself, he had failed to prove - on the civil, balance-of-probabilities standard that applies to a confiscation inquiry, not a criminal standard - that he lacked knowledge of the vehicle's intended use or had taken precautions to prevent it, given that he knew Sampath (a police officer who had been interdicted from service over other alleged offences) had a history of alleged misconduct. Piyal was never charged, prosecuted, or convicted of any drug offence himself.
What’s happened
The Supreme Court's finding on the knowledge/precautions question determined only whether the vehicle could be returned to Piyal - it is not a criminal finding and carries no criminal liability, charge, or sentence for Piyal. Recorded separately from piyal-manamperi-01 (the unrelated 2025 Middeniya investigation) because the two arise from entirely unrelated events over a decade apart.
- Court
- Supreme Court of Sri Lanka (SC Appeal No. 249/2017); Court of Appeal (CA (PHC) APN 04/2017); High Court of Monaragala (HC 79/2014)
- Next hearing / due
- No upcoming hearing announced
Sources (1)
Vehicle confiscation appeal following his brother's cannabis conviction timeline
- 20 February 2024
Appeal Filed
The Supreme Court decided Piyal's appeal (SC Appeal No. 249/2017, argued 12 Dec 2023) against the Court of Appeal's 2017 dismissal of his revision application. The Court dismissed his appeal and affirmed the High Court's order confiscating his vehicle, finding he had not shown, on a balance of probabilities, that he lacked knowledge of its use in his brother's cannabis offence. This is a civil forfeiture ruling, not a criminal conviction of Piyal.
Court: Supreme Court of Sri Lanka
Sources (1)