Rathnagoda Baranathage Gamini Suraweera vs. The Officer in Charge, Police Station, Bandaragama – CA PHC 0071/2019-2024

In the case between Rathnagoda Baranathage Gamini Suraweera (appellant, registered vehicle owner) and the Officer in Charge, Police Station, Bandaragama, along with the Hon. Attorney General (respondents), the court addressed whether the appellant, as the registered owner of a tipper vehicle used to commit offences under the Forest Ordinance and Mines and Minerals Act, had established that all possible precautions were taken to prevent the commission of the offences. The court held that the appellant failed to discharge the burden of proof required under section 40(1) of the Forest Ordinance, as the evidence provided was found to be unreliable and insufficient to negate the Magistrate’s findings. The principle reaffirmed was that registered owners must demonstrate, on a balance of probabil