Ranasinghe Weerakkody Chaminda Parakrama Vs The Hon. Attorney General and Others – CA PHC APN 54/2016-2018

In the case between Ranasinghe Weerakkody Chaminda Parakrama (Petitioner/Registered Vehicle Owner) and the Hon. Attorney General, Officer-in-Charge, Police Station, Elpitiya (Respondents), the central issue concerned the validity of the order by the Learned Magistrate of Elpitiya to confiscate and auction vehicle SPLB 0492 under the Forest Ordinance. The court determined whether the Petitioner, as owner, had discharged the legal burden of taking all reasonable precautions to prevent the illegal use of the vehicle by the Accused (driver). The holding reaffirmed that a registered owner must demonstrate, on a balance of probabilities, that all prudent measures were employed to avoid being deprived of ownership under statutory confiscation provisions. Reliance was placed on the legal principle