G.W. Wijeratne Vs. Justin Chandrasiri Sudasinghe and Others – CA PHC 77/08-2018

In the case between G.W. Wijeratne (petitioner-appellant, owner of lorry No. 42-4601) and the Officer-in-charge, Police Station, Thalangama (complainant-respondent), the court addressed the issue of whether the confiscation of a lorry used for transporting timber without a permit was lawful, specifically focusing on the owner’s knowledge and precautionary measures under the Forest Ordinance. The court held that the owner failed to establish, on a balance of probabilities, that all reasonable precautions had been taken and that the offence occurred without the owner’s knowledge. This judgment reaffirmed the legal principle that, in claim proceedings under the Forest Ordinance, the registered owner bears the burden of proving both lack of knowledge and due diligence. The decision relied on s