Manawadu v. The Attorney General – sllr 1987 volume 2 page 030

Brief
In the case between the owner of lorry No. 26 Sri 2518 (Appellant–petitioner) and the Attorney-General representing the State (Respondent), the Supreme Court addressed the issue of whether the amended Section 40 of the Forest Ordinance (as revised by Section 7 of Act No. 13 of 1982) results in the automatic forfeiture of a vehicle used in a forest offence even when the owner is innocent and was not given an opportunity to be heard. It was held that a vehicle owner not implicated in the offence must be given a hearing before forfeiture is ordered. The principle reaffirmed is that statutory provisions which may seem to authorize deprivation of property must be construed in light of procedural fairness and the principle of audi alteram partem. Reliance was placed on legislative history,