Rathnayake Mudiyanselage Indika Pushpakumara Rathnayake v Wijesinghe Mudiyanselage Wijesiri and others – CA PHC 74/2020-2025

The case between the Registered Owner-Petitioner-Appellant and the state authorities addressed the issue of whether evidence of due care on the part of the owner negated the basis for confiscation under the Forest Conservation Ordinance. It was determined that the unchallenged evidence established that necessary precautions had been taken to prevent the offence, and that the previous adjudications misdirected themselves by failing to account for this evidence. The findings established that the statutory provisions relating to the confiscation of vehicles used in forest offences did not apply when the owner had not connived in the commission of the offence, resulting in the rescission of the confiscation order and the directive for the immediate release of the impounded tractor and trailer.