Rajapakshe Pedige Sugath Wimalasuriya vs Officer-in-Charge Police Station Pindeniya – CA PHC/APN 139/19-2021

In the case between Officer-in-Charge, Police Station, Pindeniya and Rajapakshe Pedige Sugath Wimalasuriya, the court addressed whether the forfeiture of a vehicle—imposed by the Magistrate and affirmed by the High Court Judge of Kegalle under Section 40(1) of the Forest Ordinance—was lawful, particularly considering whether the vehicle owner had discharged the legal burden to show adequate precautions were taken to prevent illegal use. The holding established that the claimant failed to meet this burden, and the orders of forfeiture were affirmed. This principle relied on the requirements of Section 40(1) of the Forest Ordinance (as amended), highlighting that unsupported statements by the owner, without corroborative evidence, are insufficient to satisfy the statutory standard for avoidi