Sugamuni Liyaage Karunasena vs. S.D Nimal, Site Forest Officer, Embilipitiya – CA PHC APN 04/2021-2024

In the case between Sugamuni Liyaage Karunasena (Applicant-Petitioner) and S.D. Nimal (Site Forest Officer, Embilipitiya) with the Attorney General as respondent, the court addressed the revision of orders concerning the confiscation of vehicle No. 41-0073 under the Forest Ordinance. It was held that the confiscation order and convictions imposed by the Magistrate and affirmed by the High Court should be set aside, as the evidence revealed that the vehicle owner was not involved in the alleged offense and acted in good faith. The principle reaffirmed is that confiscation orders require careful judicial evaluation of the owner’s involvement and knowledge, particularly where the Attorney General does not support such forfeiture. The decision referenced judicial discretion under the Forest Or