Jayasooriya Arachchige Dona Mary Josephine Calista vs. Hon. Attorney General – CA PHC 171/22-2023

In the case between Jayasooriya Arachchige Dona Mary Josephine Calista (Appellant) and the Attorney General’s Department, Officer-in-Charge of Katana Police Station, and associated state authorities (Respondents), the court addressed the issue of whether the registered owner of a confiscated vehicle, who permitted another person to use the vehicle for hire, had exercised sufficient precautionary measures to prevent the commission of an offence under the Forest Ordinance. The court held that the appellant had proved the lack of knowledge of the offence and had taken reasonable steps to prevent the illegal use of the vehicle, thus setting aside the confiscation orders and directing the release of the lorry. The principle reaffirmed was that an owner must be given the opportunity to establish