Peoples Leasing Company Limited vs The Forest Officer – CA [PHC} APN 106/2013-2014

In the case between Peoples Leasing Company Limited (appellant) and The Forest Officer, Forest Department Monaragala, among other respondents, the court addressed the issue of whether an absolute owner, whose vehicle was confiscated for commission of a forest offence under the Forest Ordinance, is entitled to restitution of the vehicle. It was determined that both absolute owners and registered owners may apply for release of a confiscated vehicle under Section 40 of the Forest Ordinance, but the individual in possession or control of the vehicle bears the obligation of proving that all reasonable precautions were taken to prevent the commission of the offence. The analysis emphasized that the failure to provide evidence from the registered owner—who was in possession—was critical, and tha