Ceylinco Leasing Corporation Limited vs M.H. Harison et al. – SC SPL LA 181/11-2017

In the case between Ceylinco Leasing Corporation Limited (petitioner, absolute owner) and M.H. Harison (Officer in Charge, respondent) along with Baranaduge Asanka and others, the court addressed the interpretation of “owner” under Section 40 of the Forest Ordinance, specifically regarding whether an absolute owner under a leasing or hire purchase agreement was encompassed by this term for the purposes of forfeiture of a vehicle used in illicit timber transport. The holding determined that, within the meaning of the Forest Ordinance, only the person in actual possession and control—not an absolute owner lacking physical control—is considered the “owner.” The principle reaffirmed was that statutory references to ownership in forfeiture proceedings are anchored in factual possession and cont