IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of section 331 of the Code of Criminal Procedure Act No. 15 of 1979.

Court of Appeal Case No: Democratic Socialist Republic of Sri Lanka CA/HCC/0170/2019 COMPLAINANT Vs.

High Court of Colombo Amukotuwe Gedara Kamal Nishantha Alias Case No: HC/7787/2015 Mahaththaya ACCUSED AND NOW BETWEEN Amukotuwe Gedara Kamal Nishantha Alias Mahaththaya 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 Randunu Heellage for the Accused-Appellant : Sudharshana De Silva, S.D.S.G. for the Respondent Argued on : 27-06-2024 Written Submissions : 18-03-2021 (By the Complainant-Respondent)

: 18-05-2020 (By the Accused-Appellant)

Decided on : 11-09-2024 Sampath B. Abayakoon, J.

This is an appeal preferred by the accused-appellant (hereinafter referred to as the appellant) on the basis of being aggrieved of his conviction and the sentence by the learned High Court Judge of Colombo.

The appellant was indicted before the High Court of Colombo for trafficking 4.03 grams of Diacetylmorphine, a dangerous drug commonly known as Heroin, on 11-08-2013 at Dam Street within the jurisdiction of the High Court of Colombo, and thereby committing an offence punishable in terms of Poisons, Opium and Dangerous Drugs Ordinance as amended by the Amendment Act No. 13 of 1984. He was also indicted for having in his possession the above-mentioned quantity of Diacetylmorphine at the same time and at the same transaction, and thereby committing an offence punishable as above.

After trial, the learned High Court Judge of Colombo of the judgment dated 17- 06-2019 found the appellant guilty as charged, and after having considered the mitigatory as well as aggravating circumstances, sentenced the appellant for life imprisonment.

The Facts in Brief PW-01, an officer attached to Police Narcotics Bureau (PNB) has been informed by one of his subordinates (PW-02) on 11-08-2013 at 12.50 hours that he received an information from one of his private informants about trafficking of Heroin.

The information had been to the effect that one Keselwatta Dinuka, who is a Heroin trafficker operating from Dubai, distributes Heroin through one Vimukthi living in Madaawi Flats, Keselwatta and he does it through a person called Mahaththaya.

After the information, PW-01 has organized a raid and has left the PNB at 13.40 hours with a team of police officers including PW-02. They have reached the old fish market situated on Reclamation Road around 14.00 hours and has stopped their vehicle at the old car park of the fish market. The private informant has come and met them and had informed further that the person called Mahaththaya would be coming near Hasthagiri Hotel situated on Dam Street around 5.30 and 6.00 in the evening to hand over a Heroin parcel to another.

Having received this information, the police team had waited, expecting further communication. They have been informed at 17.10 hours by the informant as to the place where he would be stationed so that he can show the person called Mahaththaya to them. After a while, the informant has signaled to a person coming towards them, which has resulted in PW-01 and his team stopping him in front of Hasthagiri Hotel and searching him. It has been his evidence that the person attempted to escape, which resulted him being handcuffed. PW-01 has recovered a parcel concealed in his undergarment as a result of the search, and through his experience, has observed that the contents in the parcel was Heroin. Accordingly, the person has been arrested after informing him of the charge against him. Both PW-01 and 02 had identified the person they came to know as Mahaththaya as the appellant at the trial before the High Court.

After the arrest, the police team had gone to Mahara area where the appellant