IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal made under Section 331(1) of the Code of Criminal Procedure Act No.15 of 1979 read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal No:

CA/HCC/0174/2023 Asitha Kumara Satharasinghe High Court of Colombo Case No: HC/7685/2014 Accused-Appellant Vs.

The Hon. Attorney General Attorney General’s Department Colombo-12 Complainant-Respondent BEFORE : Sampath B. Abayakoon, J.

P. Kumararatnam, J.

COUNSEL : Neranjan Jayasinghe with Harshana Ananda,Pandula Helage and S.Iman for the Appellant.

Shanaka Wijesinghe, ASG, PC for the Respondent.

ARGUED ON : 13/05/2024 DECIDED ON : 09/08/2024 *******************

JUDGMENT

P. Kumararatnam, J.

The above-named Accused-Appellant (hereinafter referred to as the Appellant) was indicted by the Attorney General in the High Court of Colombo under Sections 54(A) (b) and 54(A) (d) of the Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 13 of 1984 for Trafficking and Possession of 123.67 grams of Heroin (diacetylmorphine) on

18.06. 2013.

After trial, the Appellant was found guilty on both counts and the