The Court of Appeal directed the Sri Lanka Customs (SLC) to expeditiously release 625 BYD vehicles detained by the Customs, subject to respective bank guarantees and corporate guarantees, as set out in a motion filed by the Sri Lanka Customs.
The order was made by Court of Appeal President Justice Rohantha Abeysuriya and Justice K. Priyantha Fernando when several writ petitions filed by John Keells CG Auto (Pvt) Ltd came up for hearing.
The petitions relate to a dispute over the motor capacity of certain BYD vehicle models currently held by the Customs.
Senior Additional Solicitor General Sumathi Dharmawardena, PC appearing for the Director General of Customs, informed Court that the SLC had agreed to release the following vehicle models on corporate guarantees for the equivalent value of the bank guarantees:
BYD Atto 2 Premium–70kw, BYD Atto 1 Dynamic–45kw, BYD Atto 1 Premium–45kw, and BYD Dolphin Dynamic–70kw.
He further submitted that the Customs was also agreeable to release the BYD Dolphin Standard–49kw and BYD Sealion 7–100kw models on bank guarantees.
Accordingly, 130 BYD Atto 1 Dynamic vehicles and 74 BYD Atto 1 Premium vehicles were ordered to be released on corporate guarantees for an equivalent value of the bank guarantees, while 232 BYD Dolphin Standard–49kw vehicles and three BYD Sealion 7–100kw vehicles were to be released on bank guarantees.
Meanwhile, court was informed that six BYD vehicles would remain under Customs custody to facilitate testing of their motor capacity.
President’s Counsel Farzana Jameel, appearing for the petitioners, moved court to issue an order directing the SLC to release the vehicles and to provide the petitioners with copies of the relevant case proceedings.
Taking the submissions into account, the Court of Appeal ordered the Sri Lanka Customs to expeditiously release the vehicles to the petitioners in accordance with the agreed guarantees.
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