M.H. Gamini Chandrasiri Vs. Hon. Attorney General and others – CA PHC 162/2012-2012

In the case between M.H. Gamini Chandrasiri (Appellant) and the Hon. Attorney General (& OIC Police Station, Gokarella) (Respondents), the court considered whether the appellant, as the vehicle owner, had discharged the statutory duty under Section 40 of the Forest (Amendment) Act No. 65 of 2009 to take all reasonable precautions to prevent his lorry from being used in contravention of the Forest Ordinance. The court determined that the appellant’s mere verbal instructions to the driver were insufficient to meet the legal requirement of “all precautions,” affirming that proactive preventive measures are required. Reliance was placed on established precedent, emphasizing that an owner must demonstrate genuine efforts to prevent misuse. The appeal was dismissed, and instructions were given f