ORIENTAL FINANCIAL SERVICES CORPORATION LTD VS. RANGE FOREST OFFICER AND ANOTHER

ORIENTAL FINANCIAL SERVICES CORPORATION LTD VS.
RANGE FOREST OFFICER AND ANOTHER

COURT OF APPEAL
SISlRA DE ABREW,
GOONERATNE, J.
CA (PHC) APN 26/201 1
HC AMPARA 343/2009
MC AMPARA 317773
MARCH 15,2011
APRIL 28, 2011

Forest Ordinance - 13 of 1982 - Section 40 - Registered owner - absolute owner - Registered owner convicted - Vehicle confiscated - Should the vehicle be released to the absolute owner? - Who is the owner of the vehicle?

The registered owner of a vehicle was convicted on his own plea for transporting timber without a permit. At the inquiry-whether the vehicle should be confiscated or not, the absolute owner (finance company) from whom the registered owner obtained financial assistance to purchase the vehicle gave evidence and claimed the vehicle. After inquiry the Magistrate made order confiscating the vehicle. The revision application filed by the Finance Company in the High Court was dismissed. The petitioner sought to revise the said judgment.

Held:

(1) The owner envisaged in the law cannot be the 'absolute owner' (Finance Company).

(2) The absolute owner has no co

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