Officer in Charge, Police Station, Weligapola vs Pelenda Widanelage Suresh Keerthi – CA PHC 231/2018-2022

In Officer in Charge, Police Station, Weligapola v. Pelenda Widanalage Suresh Keerthi and Others, the court examined whether the confiscation of a vehicle used in the illegal transportation of timber under the Forest Ordinance was justified, and whether the registered owner satisfied the statutory burden to prevent confiscation. The court determined that the appellant, the registered owner, failed to prove that reasonable precautions were exercised to prevent the vehicle’s use in the offence. This interpretation reaffirmed the principle that when a vehicle is involved in a forest offence, confiscation is mandatory unless it is clearly shown that proper care was taken to avoid misuse, pursuant to Section 40(1) of the Forest Ordinance (as amended). The decision emphasized the necessity for c