Y.M. Darmadasa v. H.I.S.P. Hewage and B.G. Mervin Thilakeratne – CA PHC NO. 94/2013-2013

In the case between Iluwalayalage Gedara Kusum Thilak Wijeratne Wijaya Concrete Works (Appellant/Petitioner and registered vehicle owner) and Y.M. Darmadasa, Ranger Forest Officer (Respondent/Complainant), along with other respondents, the issue addressed was whether the Magistrate Court’s confiscation of the appellant’s vehicle—due to non-attendance at an inquiry regarding illegal timber transport under the Forest Ordinance—should be set aside on the basis of alleged exceptional circumstances. It was held that the Petitioner-Appellant’s absence, attributed to a purported vehicle breakdown and substantiated by a late-submitted repair receipt, did not constitute “exceptional circumstances” warranting revision. Established legal principles from authorities such as Thilagaratnem v. E.A.P. Edi