Hewa Pathirana Jayawickrama v. Officer-In-Charge, Police Station, Mawathagama – CA PHC/143/2018-2023

In the case between Hewa Pathirana Jayawickrama (appellant and registered owner of vehicle number 226‑8731) and the Officer-in-Charge, Mawathagama Police Station (respondent), the court addressed the legality of confiscating a vehicle under the Forest Ordinance when the owner did not personally commit nor have clear knowledge of the offence. The court held that such confiscation, in the absence of established knowledge or complicity of the vehicle owner, was unjustifiable, and the appeal against confiscation should be upheld. The principle reaffirmed is that penal action against property, particularly where an innocent third-party owner is involved, must satisfy proportionality and the requirements of natural justice. This determination relied on interpretation of the Forest Ordinance, its