B. G. Sumith Abeywickrama vs. Officer-in-Charge, Police Station, Kandaketiya and others – CA PHC 0068/2020-2024

In the case between B. G. Sumith Abeywickrama (Petitioner/Appellant) and the Officer-in-Charge, Kandaketiya Police Station, and the Attorney General’s Department (Respondents), the court addressed the evidentiary standards in vehicle confiscation under the Forest Ordinance, specifically regarding whether the owner, as a third party, took sufficient precautions to prevent illegal use of the vehicle. It was held that once the owner establishes, on a balance of probabilities, that adequate measures were taken to prevent the offense, corroborative evidence is not mandatory. This judgment reaffirmed the principle that an owner’s credible, uncontradicted evidence suffices for relief from confiscation, referencing key precedents such as The Finance Company PLC vs. Chandana and Others. The outcome