Orient Financial Services Corporation Ltd. vs Range Forest Officer – SC APPEAL NO. 120/2011-2013

In the case between Orient Financial Services Corporation Ltd. and the Range Forest Officer of the Department of Forest Conservation, Ampara, together with the Attorney General, the court addressed the legal issue of determining the “owner contemplated by law” under Section 40 of the Forest Ordinance in the context of a hire-purchase or lease agreement. The matter involved the confiscation of a leased vehicle used in a forest offence, raising the question of whether the registered owner or the absolute owner is recognized as the owner for the purposes of forfeiture. The holding established that, upon proper application and interpretation of Section 40 of the Forest Ordinance and Section 433A of the Code of Criminal Procedure, the order of confiscation by the Magistrate was proper where the