Sri Lanka’s Court of Appeal has issued an interim order suspending the seizure notices issued by Sri Lanka Customs on electric cars imported under a government circular.
The petitioner, a prominent importer of luxury and semi-luxury vehicles, had sought the court’s intervention, citing continuous harassment by customs authorities.
The petitioner’s legal action is related to the importation of fully electric vehicles under Circular No. 02/2022 issued by the Ministry of Labour and Foreign Employment.
This circular is aimed at encouraging Sri Lankans employed abroad to remit foreign exchange earnings back to the country by granting permits and licenses for the import of electric vehicles.
The petitioner alleged that Sri Lanka Customs had illegally confiscated documents related to vehicles they facilitated imports for, in compliance with the aforementioned circular. These vehicles were duly imported by individuals per the law and circular provisions, yet they received seizure notices from the customs authorities.
The legal team representing the petitioner, including Faiszer Musthapha PC, Mrs. Shaheeda Barrie, Mehran Careem, Pulasthi Rupasinghe, and Hafeel Farisz, argued that the seized vehicles had initially received clearance from Sri Lanka Customs after fulfilling all necessary duties and requirements.
They further contended that the decision to seize these vehicles was arbitrary and ran counter to the national policy of encouraging foreign remittances, which are crucial for the country’s economic stability.
Faiszer Musthapha PC referenced the “Toyota Lanka Case” in his submissions, highlighting concerns about the disbursement of forfeitures and penalties, which he argued favoured customs officers. This, he claimed, created a reward-oriented motivation that led to overzealous actions by customs officers in effecting seizures and imposing penalties, ultimately causing unnecessary harassment to importers.
After hearing the arguments put forth by the petitioner’s legal team, the Court of Appeal granted an interim order suspending the operation of the seizure notices and restraining Sri Lanka Customs from arresting or restricting the liberty of the petitioner as part of any inquiry or investigation related to the importation of the electric motor vehicles.
The interim order is seen as a temporary relief for the petitioner and a significant legal development in the ongoing dispute over the customs’ seizure of imported electric vehicles. The court’s decision may have broader implications for the implementation of government policies and their impact on businesses and individuals involved in the import and export sectors in Sri Lanka. (NewsWire)
