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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Sampath B. Abayakoon, Amal Ranaraja, JJ
B. G. Sumith Abeywickrama – Appellant
Versus
Officer-in-Charge and other – Respondent
| Table of Content |
|---|
| 1. details on vehicle usage and related legal actions. (Para 1 , 2 , 3) |
| 2. overview of the appeal's background and previous court decisions. (Para 4 , 5) |
| 3. appellant's arguments about ensuring precautions against misuse. (Para 9 , 10) |
| 4. discussion on the need for corroborative evidence in owner's claims. (Para 11 , 12) |
| 5. court observations on evidence credibility and decision-making. (Para 13 , 14 , 15 , 16) |
| 6. final ruling of the court. (Para 17) |
JUDGMENT
AMAL RANARAJA, J.
1. The Registered Owner-Petitioner-Appellant (hereinafter referred to as the ‘appellant’), a businessman by profession has utilized the vehicle bearing Registration No. UP LL 0358 for his business purposes, including to transport sand. Sand has been transported from Mahiyangana to Hatton and the appellant has been in possession of a valid permit for such purpose.
2. On 29.01.2015, the appellant as per the usual practice has handed over the permit and the particular vehicle to its driver one, Rathnayake Mudiyansilage Kumara Rathnayake to transport a load of sand from Mahiyangana to Hatton. Unknown to the appellant the Kandaketiya Police had arrested the driver for transporting timber without a valid per
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