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2025 Supreme(SRI)(CA) 765

COURT OF APPEAL
Hon. B. Sasi Mahendran J.
Lewkebandarage Siri Kaushika Lakmali – Appellant
Versus
The Attorney General – Respondent


ORDER

B. Sasi Mahendran, J.

The Registered Owner Claimant-Petitioner-Appellant (hereinafter referred to as the “Appellant”) instituted this appeal against the judgment of the Learned High Court Judge of the Provincial High Court of Western Province, holding in Colombo in case No. 100/2015 where the Learned High Court Judge the Learned High Court Judge affirmed the order of the Learned Magistrate of Maligakanda in case No. 8792/15 where the Learned Magistrate has confiscated a lorry bearing registration No. WP LA 0576 consequent to a vehicle inquiry as provided for by Section 40 (1) of the Forest ordinance.

Complainant-Respondent-Respondent instituted proceedings in the Magistrate Court of Maligakanda bearing case number 8792/15 against the accused above named for committing an offence under the Forest Ordinance by transporting three logs of jack timber without a permit. Both accused pleaded guilty to the charges against them, and they were sentenced. Following their conviction, the Learned Magistrate initiated an inquiry into the confiscation of the vehicle, which had been seized due to it being used in the commission of the offence.

During the course of the vehicle inquiry, evidence w

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