Officer in Charge, Police station, Hikkaduwa vs Disanayaka Thialina Madusanka – CA PHC APN 100/2014-2015

In the case between Wedawasam Jalathge Surasena (Appellant / Petitioner; registered owner of vehicle) and Officer in Charge, Police Station, Hikkaduwa, Hon. Attorney General, Disanayaka Thialina Madusanka, and People’s Leasing PLC (Respondents), the court addressed the issue of whether confiscation orders regarding a vehicle used for a forest offence should be set aside on revision, specifically in light of the owner’s asserted precautions and lack of knowledge. It was held that mere oral instructions by the owner to the driver are insufficient to avoid confiscation under Section 40 of the Forest Ordinance (as amended); proactive and effective measures are required to prevent misuse. Relying on statutory construction and applicable precedent, the court reaffirmed the principle that owners