Gamagedara Mudiyanselage Dickson Keerthisinghe v. H.J.M.J Perera and Hon. Attorney General – CA PHC APN NO: 50/2013-2015

In the case between Gamagedara Mudiyanselage Dickson Keerthisinghe, Hidagollagedara Prema Priyangani, and H.J.M.J Perera (Forest Officer, Forest Conservation Office, Kebithigollewa), the issue addressed was whether the confiscation order of a tractor and trailer, seized for an offence under the Forest Ordinance, should be revised and set aside. It was held that the petitioners failed to establish, as required under Section 40 of the Forest Ordinance, that all necessary precautionary measures were taken to prevent the commission of the offence. The decision reaffirmed that the burden rests on the owner to demonstrate such precautions, and a lack of corroborative testimony—particularly from the individual entrusted with the vehicle—precludes the setting aside of a confiscation order. The rul