Officer-in-Charge, Police Station, Kamburupitiya vs Wisenthige Nilantha – CA-PHC-09/2021-2022

In the case between Vidanage Nalaka Sandun Kumara (Appellant) and the Officer-in-Charge, Police Station, Kamburupitiya, and the Attorney General (Respondents), the court addressed the issue of whether the confiscation of the appellant’s vehicle under Section 40 of the Forest Ordinance was lawful. The court held that the appellant did not discharge the burden of proving that all reasonable precautions were taken to prevent the vehicle from being used in the commission of a forest offence, affirming the principle that a registered owner must show proactive measures to avoid such misuse. The decision relied on Section 40 of the Forest Ordinance and relevant case law, emphasizing that a lack of personal knowledge does not exempt a registered owner from liability, and preventive steps must be p