Rajapakse Dewage Asanga Kumara Chandrasena vs. Officer-in-Charge Police Station, Katugasthota – CA PHC 111/2018-2022

In the case between Rajapakse Dewage Asanga Kumara Chandrasena (Claimant-Petitioner-Appellant) and the Officer-in-Charge, Police Station, Katugasthota, with the Hon. Attorney General (Respondents-Respondents), the court addressed the issue of whether the confiscation of a lorry used for the illegal transportation of bamboo under Section 40 of the Forest Ordinance was justified. It was held that the appellant, as registered owner, failed to prove that all precautions were taken to prevent the vehicle’s illegal use, as specifically required by the post-2009 legal framework. The principle that the burden rests on the owner to establish active precaution was reaffirmed, referencing the amended Forest Ordinance. The court relied on the sequence of contradictory evidence regarding possession and