The Court of Appeal yesterday (October 24) directed the Sri Lanka Customs to expedite the ongoing investigations into the motor capacity of the BYD vehicles currently detained by Customs.
Court of Appeal Chairman, Justice Rohantha Abeysuriya, stated in open court that while it is crucial for the Customs to collect tax revenue for the national economy, the court must also consider the interests of both the vehicle buyers and the importing companies.
Accordingly, the judge instructed the petitioner to extend full cooperation to the Customs to ensure the investigations are concluded without delay.
Hearing of John Keells CG Company’s Petition
The directive was issued during the hearing of a petition filed by John Keells CG Company, seeking an order to release its vehicles detained by the Sri Lanka Customs.
During the proceedings, Additional Solicitor General Sumathi Dharmawardena, appearing on behalf of the Sri Lanka Customs, informed the court that the detained vehicles could be released on bail under certain conditions. He further emphasized that the petitioner company must cooperate fully with the ongoing investigations.
The Additional Solicitor General also stated that a report on the scan tests conducted on the vehicles imported by the petitioner company would be submitted to the court through a motion next Monday.
However, President’s Counsel Farsana Jameel, appearing for the petitioner, argued that the manner in which the Customs had detained the vehicles was contrary to the law.
Despite extensive arguments presented by both the petitioner and the respondent, no consensus was reached regarding the release of the vehicles on bail.
Subsequently, the Additional Solicitor General informed the court that he would update the court on the possibility of reaching a settlement by October 28.
Earlier Agreement Reached on August 7
On August 7, the Director General of Customs had agreed before the Court of Appeal to release 991 BYD vehicles detained by the Sri Lanka Customs, subject to several conditions.
This agreement was recorded during the consideration of a petition filed by John Keells CG Company seeking the release of the detained vehicles.
According to the agreement, the petitioner company was required to deposit Rs. 3,552,909,200/- (approximately Rs. 3.6 billion) as a guarantee in a state bank. This amount represented the difference in taxes calculated for the relevant vehicles, and the petitioner company also agreed to pay the applicable interest on that guarantee.
Furthermore, it was stipulated that a committee be appointed comprising two technical experts from the Universities of Peradeniya and Moratuwa, an expert from the Government Analyst’s Department, and an officer from the Department of Motor Traffic. The committee’s task would be to determine whether the motor capacity of the vehicles in question was 100 or 150 kilowatts.
