Mohamed Mubarak Mumthas Mohamed vs The Officer-in-Charge, Police Station Alawathugoda & Hon Attorney General – CA PHC 0143/2019-2024

In the case between Mohamed Mubarak Mumthas Mohamed (Appellant/Registered Owner) and The Officer-in-Charge, Police Station Alawathugoda, and the Attorney General (Respondents), the court addressed the validity of a vehicle confiscation order under the Forest Ordinance following a conviction for illegal timber transportation. It was held that the Appellant, as the registered owner, did not discharge the burden of proving that all necessary precautions had been taken to prevent the commission of the offence. The principle reaffirmed was that an owner seeking to avoid confiscation must demonstrate, on the balance of probabilities, the taking of all reasonable preventive measures. The decision, grounded in statutory requirements and judicial precedent, clarified that failure to provide essenti