Kuttiali Mohommadu Marshooq vs Officer-in-Charge Police Station Pannala – CA PHC/203/17-2022

In the case between Kuttiali Mohommadu Marshooq Mohommadu Niyaz (Appellant) and Officer-in-Charge, Police Station, Pannala; the Attorney General; and Rathnayaka Mudiyanselage Saman Ruwan Tharanga (Respondents), the court addressed the issue of whether confiscation of the appellant’s vehicle, under the Forest Ordinance, was justified when the registered owner asserted having taken all reasonable precautions to prevent its illegal use. It was held that the appellant’s conduct satisfied the standard of reasonable care required by Section 40(1) of the Forest Ordinance, emphasizing that the statutory defense is established by demonstrating proactive, comprehensive steps to avert misuse. The decision relied on judicial interpretations of due diligence under the Forest Ordinance, affirming that e