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SC directs stay proceedings on Toyota seizer
By
Stanley Samarasinghe
The Supreme Court has directed custom officers to stay further proceedings
in respect of the seizer notice issued on 10 Toyota Land Cruiser
motor vehicles imported by Toyota Lanka (Pvt) Ltd. of No. 337, Negombo
Road, Wattala until leave is granted for appeal.
The Bench comprising Justices Nihal Jayasinghe, Gamini Amaratunga
and Saleem Marsoof issued the direction sequel to an application
for special leave filed by Toyota Lanka (Pvt) Ltd.
Assistant Manager Administration, M. Sanjaya Niranjan de Silva filed
this application citing Director General of Customs S.A.C.S. Jayatilaka,
Assistant Director of Customs K. Premanath and Superintendent of
Customs P. Saman de Silva as respondents.
Toyota Lanka (Pvt) Ltd. filed a writ application in the Court of
Appeal, requesting court to grant a writ dismissing this seizer
notice of the Custom, issued in respect of 10 Land Cruiser vehicles
imported by the Toyota Company.
Court of Appeal delivered the judgment against the Toyota Company.
Toyota Company, by its special leave application, pleaded Supreme
Courts to grant leave to appeal, set aside the judgment of the Court
of Appeal and issue an interim order directing the respondents to
release the said motor vehicles.
In its leave application to Supreme Court, Toyota Company stated
that the Land Cruiser motor vehicles – the subject matter of
the application, were imported adhering to all Custom regulations,
but Custom officers issued the seizer notice on vehicles on baseless
allegations.
When this matter came up before the Supreme Court for special leave,
respondents were absent and represented Faiz Musthapa PC with Faiza
Marker, Riyad Ameen and T. Machado instructed by T. Gowri Sungari
appeared for Toyota Company. The Court directed the respondents
to stay further proceedings until leave is granted.
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