Sugathapalage Indika Mahesh Bandara vs. Park Warden, Wilpattu National Park – CP PHC APN 144/2022-2024

In the case between Sugathapalage Indika Mahesh Bandara (Claimant-Petitioner) and The Warden, Wilpattu National Park; Herath Bandage Gunawardena; The Attorney General’s Department (Respondents), the court addressed the legality of the orders by the Magistrate (confiscation of a Backhoe machine) and the High Court (refusal of notice in the revision application) under the Fauna and Flora Protection Ordinance. The principal issue was whether the owner had taken all necessary precautions to prevent the illegal use of his machine and whether he had knowledge of the offence. It was held that the petitioner satisfied the burden of proof regarding lack of knowledge and due diligence, and that the orders of both the Magistrate and the High Court were unsustainable. The court reaffirmed the principl