Wanniarachchige Kankanange Asanka Sudesh Kumara v. Registered Owner – CA PHC APN : 92/2014-2014

In the case between Wanniarachchige Kankanange Asanka Sudesh Kumara (Petitioner/Registered Owner) and Officer In Charge, Police Station, Mundalama (Complainant/Respondent), the Court of Appeal addressed whether a registered vehicle owner is entitled to the return of a lorry confiscated following its use in the illegal transport of timber, and whether lower court confiscation orders should be revised on the grounds of lack of owner knowledge and evidence of proper precautions. It was held that the absence of knowledge or mere issuance of instructions to drivers does not fulfil the burden of establishing sufficient precautions under Section 40 of the Forest Ordinance (Amendment Act No. 65 of 2009). The decision reaffirmed the principle that revisionary powers will only be exercised in demons