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2024 Supreme(SRI)(CA) 498

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Menaka Wijesundera, K.M.G.H Kulatunga, JJ
Kandage Pushpa Jayantha Perera vs. The Hon. Attorney General


Advocates:
Rienzie Arsecularatne, PC with T. Punchihewa,
P. Gamage, Himashi Silva and Erandi Pathiranage for
the Accused-Appellant.
Janaka Bandara, DSG for the State.

MENAKA WIJESUNDERA J.

The instant appeal has been filed to set aside the judgement dated 29/06/2018 of the High Court of Colombo.

The accused-appellant, hereinafter referred to as the appellant, has been indicted for the possession and trafficking of 2.18 grams of heroin. At the end of the trial the appellant had been convicted for both. The appellant being aggrieved by the said conviction and sentence had preferred the instant appeal.

The following grounds of appeal were raised by the appellant,

1. The trial judge not considering the improbability of the prosecution story

2. Contradictions in the evidence of PW-01 and PW-02 not being considered by the trial judge

3. Inward journey of the productions not being considered by the trial judge 4. The pink colour covering which contained the four parcels of heroin not being produced as a production by the prosecution.

5. The trial judge deciding the merits of the case before considering the defence.

6. Dock statement of the appellant not being considered by the trial judge.

The main raiding officer that is PW-01 had said in evidence that on the 28th of December 2010 on an information received he had arranged a group of police officers to go on a

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