Samsudeen Nissardeen vs. The Officer-in-Charge, Anti-Corruption Unit, Badulla – CA CPA/0161/2022-2024

In the case between Samsudeen Nissardeen (petitioner/registered owner-claimant) and the Officer-in-Charge, Anti-Corruption Unit (Badulla), along with the Attorney General’s Department and other state representatives (respondents), the court addressed the interpretation and application of the Forest Ordinance provisions on vehicle confiscation. It was determined that the lower courts misapplied the requirement for proving “all precautions” to prevent the underlying offence, resulting in a miscarriage of justice. The court held that the evidenced precautions—specifically the petitioner’s oral instructions and undisputed use of the vehicle for transporting fruit by a trusted driver—met the necessary threshold, and that a rigid standard was improperly utilized by the tribunals below. The legal