Thilakarathne Adhikari Mudiyanselage Ashoka Bandara Vs. Officer in Charge, Police Station, Wattegama and others – C A PHC APN 06/2018-2018

In the case between Thilakarathne Adhikari Mudiyanselage Ashoka Bandara (Petitioner) and the Officer in Charge, Police Station, Wattegama, and the Hon. Attorney General (Respondents), the court addressed whether the Petitioner, as the registered owner of a confiscated lorry used in illegal timber transport, discharged the legal burden to establish that all possible steps had been taken to prevent the illegal use of the vehicle. It was held that the Petitioner failed to meet this burden, as the evidence provided was insufficient to prove either lack of knowledge or active preventive measures. The principle reaffirmed was that vehicle owners must establish, by positive evidence, that all reasonable steps were taken to avoid unlawful use. Legal reasoning was grounded in relevant statutes, the

REF: C A PHC APN 06/2018-2018 Category: Tag:
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