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2024 Supreme(SRI)(CA) 441

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Sampath B. Abayakoon, P. Kumararatnam, JJ
Muramudali Gedera Malaka Mihira Bandara – Appellant
Versus
The Attorney General – Respondent


Advocates:
Amila Palliyage with Sandeepani Wijesooriya, Savani Udugampola, Lakitha
Wakishta Arachchi and Subaj De Silva for the Appellant.

JUDGMENT

P. Kumararatnam, J.

The above-named Accused-Appellant (hereinafter after referred to as the Appellant) was indicted by the Attorney General before the High Court of Kandy 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 respectively of 2.80 grams of Heroin on 25th May 2013.

After the trial the Appellant was found guilty on both counts and the learned High Court Judge of Kandy has imposed life imprisonment for both counts on 07th of June, 2023.

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

The Counsel for the Appellant informed this Court that the Appellant had given his consent to argue this matter in his absence. Hence, argument was taken up in his absence but he was connected via Zoom platform from prison.

On behalf of the Appellant, the following Grounds of Appeal were raised.

1. The learned High Court Judge erred in law by failing to consider the inconsistencies of evidence presented by the prosecution.

2. The learned High Court Judge erred in law by failing to consider the vital discrepancy with regard to the quan

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