Hettiarachchige Chathurika Maduwanthi vs. The Officer-in-Charge Police Station Tissamaharama – CA PHC 31/2018-2023

In the case between Hettiarachchige Chathurika Maduwanthi (Appellant) and The Officer-in-Charge, Police Station Tissamaharama, and The Attorney General’s Department (Respondents), the court addressed whether the confiscation of vehicle No. SP LE-8799, used in an alleged timber transport offence, was legally justified. It was determined that the prior lower court orders, which directed confiscation, failed to adequately address evidence that the appellant had taken all reasonable precautions to prevent the vehicle’s misuse and had no prior involvement in illegal activities. The principle was reaffirmed that lawful owners must be shown to have acted negligently or complicitly before the confiscation of property used in the commission of a crime is justified. Reliance was placed on the Forest