OIC Police Station, Wattala vs. Gihiniarachigey Chanaka Senadira – CA PHC 41/14-2017

In the matter of Koshiba Credit Finance (Pvt) Ltd (Appellant) versus the OIC, Police Station, Wattala, and The Hon. Attorney General (Respondents), the court considered the question of whether vehicle No. WPJC-6572 should be confiscated to the State under section 40 of the Forest Ordinance following its use in the illegal transport of timber. A central issue concerned whether the absolute owner, Koshiba Credit Finance (Pvt) Ltd, had taken all reasonable precautions to prevent the offence and lacked knowledge of the illegal act, thereby entitling it to recover possession of the property. The sequence of events included the original order for forfeiture by the Magistrate’s Court, affirmation by the High Court, and subsequent appellate arguments by the finance company. The court addressed the