Mudankotuwa v. Attorney General – sllr 1996 volume 2 page 077

In the case between Mudankotuwa (owner of Tractor No. 36 Sri 8968 and Trailer No. 45 Sri 3712) and the Attorney General, the central issue concerned the lawful confiscation of a vehicle used without the owner’s knowledge for transporting timber without a permit, and whether the owner could be held liable for abetting the offense by permitting such use. It was held that confiscation was not justified where the owner had not authorized, nor had knowledge of, the illegal use, reaffirming the principle that forfeiture requires clear evidence of the owner’s involvement or complicity. The decision was based on a careful assessment of the evidence and the proper application of statutory requirements, underscoring that liability should not be imposed without proof of knowledge or participation.

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