Kamaradiwela Arachchige Thushari Tharanga Perera v. Forest Officer Range Forest Office, Kalawana and others – CA PHC 187/2019-2025

In terms of the Forest Ordinance, the court examined the confiscation of a vehicle used for transporting illegal timber. The Petitioner-Appellant, owner of the vehicle, contended that all precautions were taken to prevent its illicit use, having lent it for a pilgrimage and instructed the driver against illegal activities. Both the Magistrate and the Provincial High Court rejected this defense, upholding the confiscation. The appeal focused on the interpretation of Section 40(1) of the Forest Ordinance, particularly the ‘lack of knowledge’ defense in light of the 2009 amendment. It was determined that while a liberal interpretation of ‘lack of knowledge’ as a factor in assessing diligence was acknowledged, the owner’s inability to monitor the driver’s actions was found to be fatal to the c