Padukkage Lawrence Perera v. Officer-in-Charge, Police Station, Haputale – CA PHC 70/2008-2008

In the case between Padukkage Lawrence Perera (Petitioner-Appellant) and the Officer-in-Charge, Police Station, Haputale, and others (Respondents), the court addressed whether the order of confiscation of a vehicle, used to transport cattle without a permit, should be set aside. It was held that the vehicle’s owner bears the burden of demonstrating that all reasonable precautions were taken to prevent the offence or that the usage of the vehicle occurred entirely without his knowledge, as stipulated under Section 3A of the Animals Act. The principle that mere instructions to a driver are insufficient was reaffirmed, with reliance placed on Supreme Court authorities clarifying the owner’s evidentiary burden and procedural restrictions concerning attacks on a conviction during confiscation i