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 permit in terms of Section 24 (1) read with Sections 25 (2) and 40 of the Forest Ordinance No. 16 of 1907 (as Amended). The Kandaketiya Police has also seized the said vehicle bearing Registration No. UP LL 0358 which had been used to transport the timber.

3. Thereafter, the Officer-in-Charge of the Kandaketiya Police Station has filed action in the Badulla Magistrate Court against the driver referred to above, for transporting timber without a valid permit, an off