Officer in Charge, Police Station, Uragasmanhandiya vs Wickremarachchilage Don Asela Sanjaya Kumara Gunawardena – CA PHC/105/16-2022

In Separamadu Merrannage Luxmi Kanthi v. Officer in Charge, Police Station, Uragasmanhandiya, the court addressed the entitlement of a subsequent purchaser to relief under the Forest Ordinance following the confiscation of a vehicle used in a forest offense. It was held that only the owner at the time of the offense is eligible to seek relief under Section 40 of the Forest Ordinance, as liability and eligibility are determined at the time of the commission of the offense. The holding reaffirmed the established principle that statutory protections are not extended to purchasers who acquire property after illicit use and amid ongoing proceedings. Reliance was placed on relevant precedents interpreting Section 40, emphasizing due diligence and the applicability of “caveat emptor.” The decisio