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2025 Supreme(SRI)(CA) 326

IN THE COURT OF APPEALOF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
P. Kumararatnam, Pradeep Hettiarachchi, JJ
Mohottige Chaminda Lalith Kumara – Appellant
Versus
Officer in Charge. Police Station Weeraketiya & Hon. Attorney General – Respondent


Advocates:
Asthika Devendra with Aruna Madushanka for the Accused – Petitioner – Petitioner.
Oswald Perera, S.C. for the State.

Pradeep Hettiarachchi, J

Judgment

1) The Accused-Petitioner-Petitioner (hereinafter referred to as “the Petitioner”) instituted the instant Revision Application seeking to have the order dated 08.04.2024 and 16.04.2024 of the learned Magistrate of Walasmulla in the case No 84237, and the order No HCRA 11/2024, dated 27.06.2024 of the learned Judge of the High Court of Tangalle to set aside or revised.

2) The Petitioner was charged before the Magistrate Court of Walasmulla for possessing 10 grams of Cannabis Sativa, which is an offence punishable under Section 78(5) of the Poisons, Opium and Dangerous Drugs Ordinance.

3) When the charge was read out to the Petitioner on 08.04.2024, he tendered an unconditional plea of guilty to the charge at the very first instance. Accordingly, the learned Magistrate convicted him and imposed a fine of Rs 8000.00 with a default sentence of two-month imprisonment.

4) Subsequently, on 16.04.2024, an application was made on behalf of the Petitioner, seeking to convert the fine to a State cost as the Petitioner is an army corporal attached to Sri Lanka Army. But the learned Magistrate was not inclined to allow the application as she had already imposed the

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