Wanniarachchige Chandrarathne vs. The Attorney General and The Officer in Charge – CA PHC APN 36/22-2023

In the case between Wanniarachchige Chandrarathne (petitioner/vehicle owner) and the Attorney General’s Department, Officer in Charge, Police Station, Udugama, the court addressed the issue of whether the revision application regarding the confiscation of a three-wheeler vehicle should be allowed under the constitutional revisionary jurisdiction, particularly considering the precautions taken by the owner to prevent the commission of an offence under the Forest Ordinance. The court determined that both the Magistrate’s and High Court’s orders declining release of the vehicle were unsustainable due to improper evaluation of whether reasonable precautions had indeed been taken by the petitioner. Established legal principles from prior case law governing the burden for owners in vehicle confi