Udugama Gamage Yasas Chamindha vs. Attorney General – CA PHC APN 119/2022-2023
In the case between the vehicle owner/claimant (Appellant) and the State (Respondent), the court addressed the issue of whether the confiscation of vehicle No. SP GC-8735, under the Forest Ordinance for transporting timber without a valid permit, was lawfully justified. It was held that the previous orders of confiscation and the evidentiary assessment by the lower courts were not legally justified, and the vehicle should be released. The holding reaffirmed the principle that the burden of proof in confiscation proceedings must be correctly evaluated, and unchallenged evidence presented by the claimant, if corroborated by supporting case law, negates the necessity for additional corroboration. The decision relied on relevant sections of the Forest Ordinance and established precedents, emph

