Aththaragamage Ratnasiri vs Range Forest Officer and Others – CA PHC/142/2019-2022

In the case between Aththaragamage Ratnasiri (the appellant and owner of the vehicle) and the Range Forest Officer, Manager of People’s Leasing Company, and the Attorney General, the court addressed the application of Section 20(k) and Section 40 of the Forest Conservation Ordinance in connection with the confiscation of a dozer used in an alleged forest offence. The confiscation had been previously ordered by the Magistrate and upheld by the High Court. The key legal issues were whether Section 20(k) constitutes a stand-alone offence exempt from Section 40’s procedural requirements, and whether the appellant had fulfilled the obligation of exercising all necessary precautions to prevent misuse of the vehicle. It was held that Section 20(k) falls within the ambit of Section 40, and evaluat

REF: CA PHC/142/2019-2022 Category: Tag:
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