Officer In Charge, Police Station, Beliatta vs Ruwan Kumar Abeysiriwardene Senerath – CA PHC NO. 16/09-2017

In the case between L.B. Finance PLC (Petitioner Appellant / Absolute Owner Claimant) and the Officer In Charge, Police Station, Beliatta (Plaintiff Respondent), the court addressed whether a confiscated vehicle, used in an offence under the Animals Act, should be returned to the absolute owner. It was held that, in the absence of evidence showing the registered owner took necessary precautions to prevent the offence, and where the registered owner did not assert a claim to the vehicle, the absolute owner’s appeal for its release could not succeed. The principle reaffirmed is that statutory and judicial requirements mandate registered owners to take all reasonable steps to prevent the misuse of vehicles involved in offences; failure to prove such precautions precludes recovery, regardless