Ranbandarage Hasitha Sulochana Priyarathne vs. Officer-in-Charge, Police station, Eheliyagoda and The Attorney General – CA PHC 143/2017-2023

In the case between Ranbandarage Hasitha Sulochana Priyarathne (Appellant) and the Officer-in-Charge, Eheliyagoda Police Station, along with the Attorney General’s Department (Respondents), the court addressed the validity of the charge that led to the appellant’s conviction and the subsequent confiscation order of the appellant’s vehicle under the Forest Ordinance. It was held that the charge was defective and failed to properly invoke the relevant penal provisions necessary for confiscation. The principle reaffirmed is that a conviction based on an invalid or technically defective charge cannot sustain a confiscation order, and procedural compliance with statutory requirements is vital. The decision drew on established case law, establishing that in the absence of a valid conviction, no