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 Learned High Court Judge of Colombo had imposed a sentence of life imprisonment on both counts on 04/05/2023.

Being aggrieved by the aforesaid conviction and sentence the Appellant preferred this appeal to this court.

The Learned Counsel for the Appellant informed this court that the Appellant has given his consent to argue this matter in his absence. At the hearing, the Appellant was connected via Zoom platform from prison.

The following Grounds of Appeal were raised on behalf of the Appellant.

1. Learned High Court Judge had failed to evaluate the evidence of PW1 and PW8 and there by failed to take into consideration that the evidence of PW1 and PW8 fails the tests of credibility and probability.

2. Learned High Court Judge had rejected the defence evidence on unreasonable grounds.

In this case the raid was conducted based on information received. The raid was headed by PW1 with 19 male Special Task Police Officers from the Colombo Head Quarters. All have been named as witnesses in the indictment including the Government Analyst. The prosecution had called PW1, PW8, PW19, and PW22 and marked productions P1 to P37 in support of their case. Handing over the productions to the reserve police officer, taking the productions to the Court and handing over the productions to the Government Analyst were admitted under Section 420 of the Code of Criminal Procedure Act No. 15 of 1979.

When the defence was called, the Appellant gave evidence from witness box, called one witness on his behalf, and closed the defence case.

Background of the case.

According to PW1 IP/Kulasekera attached to Special Task Force of the Colombo Head Quarters, upon an information, they had organized a raid to apprehend a person carrying Heroin. According to the information received by PW8 SI/Roshan from his personal informer, that the said person was enroute to Maliban Junction. PW8 had received the information in the morning and the raiding party had left the Colombo STF Head Quarters around 11:15 hours. PW1 and three other STF personnel had proceeded to Maliban Junction in a car while other STF officers who travelled in a Cab were stationed near the Dehiwala Overhead Bridge. According to PW1, the informant had given the description of the person and he was arrested at

12:30 hours at Maliban Junction.

The same informant had furnished further information regarding another person trafficking Heroin in a three-wheeler bearing No. WPYU-0372 who was expected near the Kaduwela Bus Stand. While the STF Officers waited near Kaduwela Bus Stand till 15:30 hours, such a three-wheeler was not observed thereabouts.

At that time the informer renewing his information, called PW8 and informed that the person is expected near Millenium Food Centre situated along Piliyandala Road, Maharagama around 17:30 hours.