Umma Habeeba v. Oic, Dehiattakandiya & Other – sllr 1999 volume 3 page 089

In UMMA HABEEBA (appellant) v. OIC, DEHIATTAKANDIYA & OTHER (respondents), the court addressed whether the appellant, as owner, possessed actual knowledge of her lorry’s use in criminal activity, specifically the illegal transport of cattle under Section 3A of the Animals Act. The appellate review centered on the appropriateness of lower court inferences regarding “knowledge” based on the relationship between owner and driver and the interpretation of statutory confiscation requirements. It was held that the presumption of knowledge, arising solely from the relationship and previous convictions, was insufficient absent clear evidence, and that forfeiture under the statute requires a more precise evaluation of the owner’s direct knowledge or involvement. The finding reaffirmed that discreti