Matilda Silva vs. Inspector of Police, Habarana and Another – sllr 2020 volume 2 page 265

In the case between Matilda Silva (owner/appellant) and the Inspector of Police, Habarana and another, the court addressed the application of the Animals Act, particularly section 3A and its proviso, regarding the confiscation of a vehicle when an offence is committed. It was determined that an owner must prove, on the balance of probabilities, either the taking of genuine precautions to prevent the offence or the lack of knowledge about the vehicle’s criminal use to avoid confiscation. The confiscation of the appellant’s lorry was upheld, as evidence failed to establish that the owner had taken adequate precautions or was unaware of the illegal transport of cattle. The decision reaffirmed the principle that owners bear a significant evidentiary burden under section 3A, and mere instructio