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

Court of Appeal Case No:

CA-HCC-213-20 HC of Colombo Case No:

HC/323/18 The Democratic Socialist Republic of Sri Lanka Complainant V.

Olua Austin Chiedozie alias Joseph Austin Emmanual Accused AND NOW BETWEEN Olua Austin Chiedozie alias Joseph Austin Emmanual Accused Vs.

The Hon. Attorney General, Attorney General’s Department, Colombo 12.

Complainant-Respondent Before: Menaka Wijesundera, J.

B. Sasi Mahendran, J.

Counsel: Asthika Devendra with Wasantha S. Widanage for the Accused-Appellant Sudharshana De Silva, DSG for the Respondent.

Written 21.04.2022 and 26.10.2023 (by the Accused-Appellant)

Submissions: 12.09.2023 and 06.11.2023(by the Respondent)

On Argued On: 11.10.2023 Decided On: 13.11.2023 Sasi Mahendran, J.

The Accused Appellant (hereinafter referred to as the Accused) was indicted at the High Court of Colombo for possession and trafficking of 774.97 grams of Cocaine, punishable under section 54 A (d) and (b) of the Poisons, Opium, and Dangerous Drugs Ordinance. After the trial, the Appellant was convicted a