Loku Balasuriyage Don Lili vs OIC Police Station, Nikaweratiya – CA PHC NO. 08/2009-2013

In the case between Loku Balasuriyage Don Lili (petitioner-appellant, owner of lorry No. 43-3739) and the Officer in Charge, Police Station Nikaweratiya, and the Attorney General (respondents), the court addressed the lawfulness of a lorry’s confiscation under Section 3A of the Animals Act No. 29 of 1958 (as amended). It was held that confiscation was improper where lower courts misapplied the statutory burden of proof, requiring the owner to fulfill both safeguards prescribed by the Act instead of either. The principle reaffirmed was that an owner discharges the burden under Section 3A by proving, on a balance of probabilities, either that all precautions were taken to prevent the commission of the offence or that the use was without the owner’s knowledge. Reliance was placed on statutory