Edirisinghe Arachchige Sriyanthi Jayani Vs. Kaluthota Financial Services Limited and others – CA-PHC-120/2018-2018

In the case between Edirisinghe Arachchige Sriyanthi Jayani, Kaluthota Financial Services Limited, and the Officer-in-Charge, Police Station, Kiribathgoda, the court addressed the validity of orders for the confiscation of a vehicle used in a forest offence under the Forest Ordinance. It was held that the appellant had failed to establish that sufficient precautionary measures were taken, as required under Section 40 of the Forest Ordinance, to prevent the offence. The principle reaffirmed was that the burden rests on the owner to prove due diligence and adequate precaution. The decision relied on statutory interpretation of Section 40, emphasizing that ownership and effective control at the time of the incident are material to any defense against confiscation.

Neil Iddawala J. — The fac