Narayana Mudiyanselage Rathnayake vs. Officer-in-Charge Police Station Kubukgate – CA PHC 0011/2019-2023

In the case between Narayana Mudiyanselage Rathnayake Udelupola and Galappaththi Pathiranalage Shriyani Pushpelatha (appellants) and the Officer-in-Charge, Police Station Kubukgate with the Attorney General’s Department (respondents), the court addressed the validity of orders confiscating a tractor and trailer under the Forest Ordinance. It was held that the confiscation orders issued by the Magistrate and affirmed by the High Court could not be sustained due to improper evaluation of evidence and the precautionary measures undertaken by the appellants. The principle confirmed was that thorough scrutiny of evidence and individual circumstances is essential in cases involving the confiscation of property under statutory offences. The decision relied on procedural fairness and the establish