Urumuththa Hewa Radage Janaka Sampath vs. Officer in Charge, Police Station, Akuressa and others – CA PHC 166/20-2025

In the matter of Urumuththa Hewa Radage Janaka Sampath, Registered Owner-Petitioner-Appellant, the court addressed the issue of the confiscation of a lorry involved in a forest offence and the interpretation of Section 40(1) of the Forest Ordinance (as amended by Act No. 65 of 2009). The court held that the owner failed to demonstrate that all reasonable precautions were taken to prevent the vehicle’s use in the offence, reaffirming the principle that mere denial of knowledge or control is insufficient, requiring positive actions from the owner. This decision relied on Section 40(1) of the Forest Ordinance, emphasizing the stringent burden of proof placed on vehicle owners.

B. Sasi Mahendran, J. – The judgment detailed an appeal against the confiscation of a lorry involved in a forest o