K. W. P. G. Samaratunga Ududeniya Nalanda vs Range Forest Officer Anuradhapura – CA [PHC] NO.89/2013-2014

In the case between K. W. P. G. Samaratunga (Petitioner-Appellant) and the Range Forest Officer, Anuradhapura (Plaintiff-Respondent-Respondent), with the Hon. Attorney General as Respondent-Respondent, the court addressed whether the confiscation of vehicle No. CP LE 5340, effected under the Forest Ordinance upon a conviction for a forest offence, should be set aside and the vehicle released to the owner. The court held that the owner bore the burden of proving that all reasonable precautions were taken to prevent the vehicle’s use in the commission of the offence under the proviso to Section 40(1) of the Forest Ordinance. The decision established that mere delegation of responsibility or absence of active supervision did not satisfy the statutory requirements for releasing a confiscated v