Abeywickrema Dhanapala Saman Sirilal Muththetugodawatte Thapaththala Rotumba vs. Officer in Charge Police Station Pitabeddara – CA PHC NO.153/2013-2014

In the case between Abeywickrema Dhanapala Saman Sirilal Muththetugodawatte Thapaththala Rotumba (appellant) and the Officer in Charge, Police Station, Pitabeddara, along with the Hon. Attorney General, the court addressed the lawfulness of the confiscation of vehicle No. SP LE 3153 under the Forest Ordinance. It was held that the owner’s claim of lack of knowledge regarding illegal timber transport was insufficient to prevent confiscation; instead, the owner must establish that all possible precautions were taken to prevent such an offense. The principle reaffirmed was that owners of vehicles implicated in forest offenses bear a positive duty to demonstrate preventive actions, as required under Section 40 of the Forest Ordinance. The decision emphasized that mere denial of knowledge does