The Attorney General’s Department informed the Court of Appeal yesterday (23) that discussions were underway with Sri Lanka Customs to release a batch of BYD-type imported vehicles being held over disputes regarding engine capacity verification and applicable tax rates. The court was told that a report on suitable measures would be submitted today (24).
The petitioning company, John Keels Auto (Private) Ltd, has informed the court and the Sri Lanka Ports Authority through an affidavit that it is capable of providing the technical equipment (scanning machines) required to verify vehicle engine capacities. However, the Customs Department has repeatedly delayed release without specifying the additional bank guarantees required until the inspections are completed.
Responding, Additional Solicitor General Sumathi Dharmawardana, appearing for Customs, promised to provide the court with an update on the proposed solution.
Court of Appeal President Justice Rohantha Abeysuriya noted that it would be appropriate to release the vehicles without prolonged delay while resolving the outstanding issues.
The court ordered the Attorney General to submit a recommendation on a suitable solution after consultations with Customs and other responsible parties today. A hearing on the matter has been scheduled for 9:30am.
The petition challenges the prolonged detention of BYD vehicles imported by John Keels Auto following proper procedures, describing the continued hold as unlawful. The case was called before President Justice Rohantha Abeysuriya and member justice K. Priyantha Fernando at the Court of Appeal.
By A.J.A. Abeynayake 