Siyapatha Finance Plc vs. The Officer-In-Charge, Police Station, Pulmoddai – CA/PHC/0209/2018-2024

In the case between Siyapatha Finance Plc and the Officer-In-Charge, Police Station, Pulmoddai, along with the Hon. Attorney General, the court addressed the issue of the lawful confiscation of a vehicle under section 40(1) of the Forest Ordinance where the charge did not specifically allege the vehicle’s use in the commission of the alleged forest offences. It was held that a valid confiscation order requires explicit averment in the charge that the vehicle was part of the offence. The court set aside both the Magistrate’s and Provincial High Court’s orders of confiscation and directed the release of the vehicle, reaffirming the principle that the strict statutory requirements for confiscation must be fulfilled. The decision was grounded on an analysis of section 40(1) of the Forest Ordin