Nadeeka Vijithangani Assalla vs. Officer-in-Charge, Police Station, Dedigama – CPA 0004/23-2023

In the case between Nadeeka Vijithangani Assalla (petitioner/registered owner of the boom truck) and the Officer-in-Charge, Police Station, Dedigama, and the Hon. Attorney General (respondents), the court addressed the legality of a confiscation order under section 40(1) of the Forest Ordinance following the alleged illegal transport of timber without a valid permit. It was held that the petitioner had established sufficient preventive measures and provided credible evidence to rebut the presumption of knowledge and involvement in the offence. The principle emphasized was that the quality of evidence, rather than its quantity, determines whether an owner can successfully contest confiscation under the Forest Ordinance, and that revisionary jurisdiction should be exercised where prior findi