Wijekoon Mudiyanselage Sudu Banda Vs OIC Prevention of Vice Division Kandy Police and others – CA/PHC/167/2020-2025

In Wijekoon Mudiyanselage Sudu Banda v. OIC Prevention of Vice Division Kandy Police and others, the court addressed the question of whether the claimant, as the owner of a confiscated tipper vehicle implicated in timber transportation under the Forest Ordinance, had exercised all reasonable precautions to prevent the vehicle’s illegal use. The holding established that insufficient evidence was presented to demonstrate the fulfillment of this burden, thereby upholding the decision to confiscate the vehicle. This determination reaffirmed principles under the Forest Ordinance and relevant case law, particularly the requirement for owners to proactively prevent their property’s involvement in statutory offences. The case underscores the necessity for vehicle owners to maintain effective overs