Mohamed Yoosuf Raufudeen v. The Range Forest Officer, District Forest Office, Ampara – CA PHC 37/2007-2016

In the case between Mohamed Yoosuf Raufudeen (Appellant/Claimant-Petitioner) and The Range Forest Officer, District Forest Office, Ampara, with the Hon. Attorney General as a party, the court addressed the issue of whether the registered owner of a vehicle used in a forest offence met the statutory burden under Section 40 of the Forest Ordinance to avoid confiscation of his vehicle. It was determined that the appellant failed to establish adequate precautions to prevent the misuse of the vehicle and did not conduct sufficient inquiries regarding its operation by the driver. The court reaffirmed the principle that an owner must show, on a balance of probabilities, the exercise of all necessary preventive measures to avoid statutory confiscation. Relying on the Forest Ordinance and prior jud

REF: CA PHC 37/2007-2016 Category: Tag:
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