Aththanagala Ralalage Samantha Priyadarshana vs. Officer-in-Charge, Police Station, Medirigiriya and others – CA PHC 00076 /2021-2025

This case involves an appeal concerning the confiscation of a vehicle used in a forest offence. The petitioner-appellant, the registered owner of the vehicle, appealed against the confiscation order, which was initially made by the Magistrate’s Court and affirmed by the High Court. The core legal issue revolved around the interpretation and application of the proviso to Section 40(1) of the Forest Ordinance, which requires a third-party owner to prove that they took all precautions to prevent the vehicle’s misuse. The Court of Appeal found that the appellant’s stated precautions (mere instructions to the driver) were superficial and insufficient to meet the legal burden, thereby dismissing the appeal and affirming the confiscation.

Amal Ranaraja, J. delivered the judgment, outlining the