Gamlath Arachchilage Amila Sudarshana Amaradasa vs. Officer-in-Charge, Warakapola Police Station – CA PHC 34/2020-2023
In the case between the appellant (registered owner of the vehicle) and the Officer-in-Charge, Warakapola Police Station, along with the Attorney General’s Department and others, the court addressed the issue of whether the revision of the confiscation order under the Forest Ordinance was justified and whether the appellant had taken all necessary precautions to prevent the misuse of the vehicle. It was held that the evidence demonstrated the appellant had adopted adequate precautionary measures and lacked knowledge of the offence, warranting the setting aside of earlier orders for confiscation and release of the vehicle. The holding reaffirmed the principle that an owner is not liable for confiscation where it is proven that all reasonably necessary precautions were taken, relying on stat

