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

In the case between Samsudeen Nissardeen (petitioner, registered owner-claimant) and the Officer-in-Charge, Anti-Corruption Unit, Badulla, and the Hon. Attorney General (respondents), the court addressed whether the registered owner had taken all necessary precautions to prevent the misuse of his vehicle under section 40(1) of the amended Forest Ordinance. The court held that a strict interpretation of “precautions” was unwarranted and determined that the petitioner had discharged his obligation by giving clear, unchallenged instructions to his driver. The previous orders of confiscation issued by the Magistrate and upheld by the High Court were set aside. The principle reaffirmed was that the burden on the registered owner is satisfied on the balance of probabilities, and that excessive j