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 Case No.

CA/HCC/ 0012/2018 Daluwathumulla Gamage Mallika High Court of Balapitiya Case No. HC/866/2006 Accused-Appellant vs.

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

P. Kumararatnam, J.

COUNSEL : Asthika Devendra with Kaneel Maddumage for the Appellant.

Riyaz Bary DSG for the Respondent.

ARGUED ON : 13/02/2023 DECIDED ON : 31/03/2023 *******************

JUDGMENT

P. Kumararatnam, J.

The above-named Accused-Appellant (hereinafter after referred to as the Appellant) was indicted by the Attorney General under Sections 54(A) (d) and 54(A) (b) of the Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 13 of 1984 for possession and trafficking respectively of 5.3 grams of Heroin on 14^th March 2004 in the High Court of Balapitiya.

After trial, the Appellant was found guilty on both counts and the Learned High Court Judge o