090-NLR-NLR-V-77-MAGILIN-WICKREMASEKERA-Applicant-and-K.-ARIYATILLLEKE-Inspector-of-Police-Res.pdf

The charge to which the 1st accused pleaded guilty was trans-porting rice in this lorry. The 1st accused, who was the driverof the lorry, pleaded guilty on the basis that this lorry wasused in the commission of that offence. Regulation 16 savs : —
“ Upon the conviction of any person of an offence underthese regulations tte Magistrate shall, in addition to anypunishment imposed under regulation 14 order theforfeiture of any vehicle or vessel seized or the securitydeposited in lieu thereof under regulation 15 ”.
Ounasena v. The Attorney-General
533
This requires that the Magistrate shall order the forfeiture ofthe vehicle seized or of the security furnished upon ihe convic-tion of any person. Regulation 17, reproduced, above, does notempower the Magistrate to release the vehicle or the securitywhere only one of several accused was convicted and the othersacquitted. That regulation contemplates the case where anaccused charged has been acquitted. This necessarily means thatwhere more than one accused have been charged all should beacquitted for the vehicle or the security to be released. Whereeven one out of several accused has been convicted, regulation17 has no application. A reference to the Sinhala regulation 17reproduced above confirms this view. Where one out of severalpersons has been convicted, as in this case, it has been affirma-tively preved that the vehicle was used in the commission of theoffence. Hence the release of the vehicle or the security willbe in contravention of regulation 16. It was also argued that thelorry was registered in the name of the 11 year old son of the3rd accused and therefore as the 3rd accused was acquitted thelorry should have been released. What has to be remembered inmaking an order of confiscation is whether it was used in thecommission of the offence and not whether the owner was con-victed of the offence. Therefore the order made by the Magis-trate is correct. Hence the application is refused.
RatwatTe, J.—-I agree.
Application refused.