W.M.H. Wijithasiri v. Arawawatte Mudiyanselage Sudath Wickramasuriya – CA PHC APN NO. 28/2013-2014

In the case between Dabagahagedera Gamaralalage Ubayaratna (the registered owner and petitioner) and W.M.H. Wijithasiri (Forest Officer), The Manager Commercial Bank of Ceylon Ltd., and the Hon. Attorney General (respondents), the court addressed whether the registered owner of a vehicle confiscated after use in a forest offence under Section 20(1)(d) of the Forest Ordinance No. 13 of 1966 (as amended) had discharged the statutory obligation to take “all precautions” required to prevent its illegal use, as outlined in Sections 40 and 40(a) of the Ordinance. It was held that the petitioner did not satisfy this burden, and the confiscation of the vehicle was upheld. The ruling reaffirmed that lack of specific supervision and reliance on mere instructions to a driver do not meet the criteria