Imiya Mudiyanselage Aruna Chandana vs Officer in Charge, Police Station, Giriulla – CA PHC/24/17-2022

In the case between Imiya Mudiyanselage Aruna Chandana and Officer in Charge, Police Station, Giriulla, the court addressed whether the owner of a confiscated vehicle satisfied the statutory burden under Section 40 of the Forest Ordinance after the vehicle’s involvement in a forest offence. The court affirmed that, for relief from forfeiture, the owner must prove, on a balance of probabilities, that all possible precautions were taken to prevent illegal use of the vehicle. Reliance was placed on established authorities interpreting the Forest Ordinance, underscoring that mere issuance of instructions to a driver is insufficient. The holding reinforced the principle that the burden rests with the owner, and insufficient precautionary evidence mandates forfeiture.

Neil Iddawala J. — It was