IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal in term s of Article 154P of the Constitution of the CA No. CA (PHC) 199/2018 Democratic Socialist Republic of Sri Lanka.

HC Kurunegala Case No. 21/2018 HCR W. M. Keerthi, Ambalawa, Magistrate Court Kurunegala Case No. 2736/MISC Demataluwa.

Applicant Petitioner Appellant Vs

1. OfÏce in Charge, Police Station, Kurunegala.

Complainant 1st Respondent Respondent

2. Hon. Attorney General, Attorney General's Department, Colombo 12.

2nd Respondent Respondent

3. B.W.D. Priyantha Pushpakumara lhakawatta, Kanotuwa, Demataluwa.

Accused 3rd Respondent Respondent Before: N. Bandula Karunarathna J. P/CA &

M. Ahsan R. Marikar J.

Counsel: Anil Silva, PC with Isuru Jayawardana, AAL for the Applicant-

Petitioner-Appellant.

Jehan Gunasekara, SC for the State Written Submissions: By the Applicant-Petitioner-Appellant – 18.07.2022 By the Respondent – 11.11.2023 Argued on : 29.08.2023 Decided on : 13.11.2023 N. Bandula Karunarathna J. P/CA This is an appeal from the judgement of the High Court Judge of Kurunegala dated 25.10.2018. The appellant is the registered owner of the vehicle number 47- 8525. The said vehicle was taken into custody on 24.01.2018 for the offence that the vehicle was used to commit an offence under the Forest Ordinance by transporting timber valued at Rs. 57,652.87 without a valid permit.

The disputed vehicle bearing registration number 47-8525 has been taken into custody by Kurunegala Police Station on or about 24.01.2018 for transporting different types of timber without a valid license or a permit which is an offence under the section 25 (1) and 30(1) and 36 (1) and 36 (2) and 40 and 40 (a) of the Forest Ordinance as amended. The Complainant-1^st Respondent-Respondent (hereinafter referred to as the Respondent) charged the accused 3rd Respondent-Respondent, who is the driver of the said vehicle. Thereafter, the accused person pleaded guilty to the charge on 09.02.2018 and accordingly he was fined Rs. 25,000/- by the learned Magistrate of Kurunegala.

Thereafter, the Magistrate fixed the case for inquiry in terms of section 425 of the Code of criminal Procedure Act No.15 of 1979 where the appellant testified on 04.11.2016 about his claim. The order was pronounced on 14.12.2016 confiscating the vehicle bearing No. 47 - 8525. Hence appellant challenged the order dated 31.08.2018 of the learned Magistrate of Kurunegala, in the High Court of North Western Province holden its jurisdiction in Kurunegala by invoking Revisionary jurisdiction in the case bearing No. HCR/21/2018. The learned judge of the High Court of North Western Province delivered its order dated 25.10.2018 and dismissed the said Revision petition for several reasons including want of exceptional circumstances and afÏrmed the order dated 31.08.2018 by the learned Magistrate of Kurunegala.

The appellant has opted to challenge the order dated 25.10.2018 by the learned judge of the High Court of Kurunegala, by appealing to this Court.

The grounds of appeal are as follows;

(i) The learned Judge of the High Court and the learned Magistrate failed to recognize that degree of precautions taken by the appellant and the owner of vehicle and erred concluding that the appellant has failed to sufÏciently show cause in the confiscation inquiry.

(ii) The learned Magistrate and the learned High Court judge failed to consider the fundamental provisions of law as contained in the Forest Ordinance. That is, in the event the owner of the vehicle was aware of the offence he would be have been charged under Section 25 (3) of the ordinance.

(iii) The learned Judge of the Provincial High Court has erred in refusing to follow the judgement of Court of Appeal in case number CA (PHC) Appeal No 03/2013, which is morefully appropriate under the circumstances of the present matter.

(iv) The learned High Court Judge has not exercised her revisionary jurisdiction justifiably over the determination made by the learned M