Abeyweera Mirissa Patabendige Badrajith Harshanath Abeyweera vs. Range Forest Officer, Polonnaruwa – CA PHC 81/2020-2025

In the matter of Abeyweera Mirissa Patabendige Badrajith Harshanath Abeyweera and Range Forest Officer, Polonnaruwa, the court addressed the issue of the confiscation of a lorry (CP LD 2482) under section 40 of the Forest Ordinance. The court held that the owner failed to prove that all precautions were taken to prevent the vehicle’s use in the offence or that the vehicle was used without the owner’s knowledge, and that the attorney appointed under a power of attorney failed to prosecute the confiscation inquiry, causing undue delay. This decision relied on the precedent set in Oriental Finance, emphasizing that the person in control of the vehicle is considered the ‘owner’ for the purposes of a confiscation inquiry. The appeal was dismissed.

Amal Ranaraja, J. – The facts involved the s