Adambarage Kelum Thushantha Alwis vs Officer in Charge, Police Station, Panadura North – CA PHC/211/2019-2023

In the case between Adambarage Kelum Thushantha Alwis (Appellant) and Muthuthanthrige Priyantha Srimal Corey and others (Respondents), the court addressed the issue of whether the appellant, as the registered owner of a vehicle confiscated for involvement in a forestry offence, had satisfied the legal burden to prove the adoption of adequate precautionary measures to prevent such misuse under the Forest Ordinance. The court held that the appellant failed to discharge this burden, as the evidence did not credibly demonstrate sufficient preventive action or oversight regarding the use of the vehicle. The principles under Section 40 of the Forest Ordinance were reaffirmed, establishing that owners must provide clear and convincing evidence of precautions extending beyond mere oral instruction