W.P. Weerasinghe vs Chamira Heshan Samarasinghe – CA PHC APN/135/2013-2018

In the case between Samarasinghe Dharmasena (petitioner/registered owner of lorry SG LB 3270) and the Attorney General (respondent), the court addressed the issue of whether the confiscation of a vehicle used in the illegal transport of mahogany timber, without a valid permit, was justified under the Forest Ordinance. The holding confirmed that the petitioner failed to discharge the legal burden of proving both lack of knowledge and the exercise of all necessary precautions to prevent the commission of the offence. The court reaffirmed the principle that for statutory protection against confiscation to apply, vehicle owners must demonstrate due diligence and absence of complicity. This decision relied on relevant statutory provisions and case law, emphasizing the strict standard applied to