IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of a Revision Application in terms of Article 138 of The Constitution.

Court of Appeal No: Officer-in-Charge, CPA 0004/23 Police station, Dedigama.

High Court Kegalle COMPLAINANT Case No: REV/6052/2020 Vs.

Magistrate’s Court Warakapola Gamaralalage Chamara Jayaruwan Case No: 1427 Bandara No. D/95/2, near Hospital, Mahapallegama.

ACCUSED AND Nadeeka Vijithangani Assalla Ambepussa, Warakapola.

REGISTERED OWNER CLAIMANT AND THEN BETWEEN Nadeeka Vijithangani Assalla Ambepussa, Warakapola.

REGISTERED OWNER CLAIMANT-

PETITIONER Vs.

1. Officer-in-Charge, Police station, Dedigama.

COMPLAINANT-RESPONDENT

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

2ND RESPONDENT AND NOW BETWEEN Nadeeka Vijithangani Assalla Ambepussa, Warakapola.

REGISTERED OWNER CLAIMANT-

PETITIONER-PETITIONER Vs.

1. Officer-in-Charge, Police station, Dedigama.

COMPLAINANT-RESPONDENT-

RESPONDENT

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

2ND RESPONDENT-RESPONDENT Before : Sampath B. Abayakoon, J.

: P. Kumararatnam, J.

Counsel : Asela Serasinghe for the petitioner : Jehan Gunasekara, S.C. for the respondent Argued on : 27-07-2023 Decided on : 08-11-2023 Sampath B. Abayakoon, J.

This is an application by the registered owner claimant-petitioner-petitioner (hereinafter referred to as the petitioner) invoking the revisionary jurisdiction granted to this Court by Article 138 of The Constitution.

The petitioner is seeking to challenge and set aside the order dated 16-12-2022 pronounced by the learned High Court Judge of Kegalle in the Revision Application Number REV/6052/2020 filed before the Provincial High Court of the Sabaragamuwa Province Holden in Kegalle, where the application by the petitioner was dismissed.

The petitioner is also seeking to get the order dated 28-09-2020 pronounced by the learned Magistrate of Warakapola set aside, wherein, the vehicle belonging to the petitioner was ordered to be confiscated.

The petitioner is the registered owner of the vehicle bearing registration number

224-4461, which is a vehicle categorized as a boom truck.

One Gamaralalage Chamara Jayaruwan Bandara was charged before the Magistrate’s Court of Warakapola for having transported six Mahogany logs valued at Rs. 22026.69 without a valid permit in the above-mentioned truck, and thereby committing an offence punishable under section 25(a) read with section 40(a) of the Forest Ordinance as amended.

The accused had pleaded guilty to the charge and had been sentenced.

Thereafter, the learned Magistrate of Warakapola has permitted the registered owner of the vehicle, namely the petitioner, to show cause as to why the said vehicle should not be confiscated.

At the inquiry held in that regard, the registered owner has given evidence and has stated that she purchased this vehicle in December 2016 by partly financing it with a finance company. She has engaged this boom truck, primarily for transportation of concrete rings and other concrete products to various places for hire. In addition, the vehicle also has been used for transporting machines belonging to MAS factory when needed, for necessary repairs to their Panadura repairing facility.

She has stated that she had been paying the lease rental out of the money earned by using the vehicle for hiring purposes, and she used to engage the services of the accused since 2019 on daily wage basis if and when his services are required. It has been her evidence that the vehicle was used not on a regular basis but only when required.

On 09-02-2020, the driver has informed of a necessary engine repair to the vehicle, and with her consent he has taken the vehicle to a place called Oththapitiya Motors in Thulhiriya area. She has paid Rs. 3000/- for the repairs and had produced the relevant receipt marked as E-3. After bringing the vehicle back, it has been taken again to a place called Lal Motors situated near the Tholangamuwa School for furthe