IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for a mandate in the nature of writs of certiorari and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka Chandramohan Rojahan

243/4, Negombo Road, Wattala.

Petitioner C. A. (Writ) Application No. CA/WRT/400/2025 Vs.

1. Priyantha Weerasekara Acting Inspector General of Police Police Headquarters, Colombo

01.

2. D.G.H. Prashantha Director, Senior Superintendent of Police (SSP)

Narcotics of Police Bureau.

3. W.A. Sanath Kumara, Sub Inspector of Police (SI)

Officer in Charge, Police Narcotic Bureau, Airport Division, Negombo.

4. Officer in Charge Police Narcotic Bureau, Colombo 01.

5. K.N. Jayarathne Chief Inspector of Police Acting Officer in Charge Police Narcotic Bureau, Colombo 01.

6. J.N.N.C. Perera Women Chief Inspector of Police Acting Officer in Charge Police Narcotic Bureau, Colombo 01.

7. R.A.A. Randeniya Chief Inspector of Police Acting Officer in Charge Police Narcotic Bureau, Colombo 01.

8. Hon. Attorney General Attorney Generals Department Colombo 12.

9. Hon. Darshima Premarathne Additional magistrate of Negombo, Additional Magistrate Court, Negombo.

Respondents Before : Hon. M.T. Mohammed Laffar, J.(Act.P/CA)

: Hon. K. Priyantha Fernando, J.(CA)

Counsel : Asthika Devendra with Aruna Madhushanka and Lawrance Adam Harley for the Petitioner.

Suharshi Herath, D.S.G. for the Respondents.

Supported on : 15.05.2025 Decided on : 30.05.2025 K. P. Fernando, J. (CA)

This matter was supported before the Court for interim relief on 15.05.2025. The Court heard both parties and it was fixed for order on 30.05.2025. Since the respondents have filed their limited objection on 14.05.2025, the Petitioner was permitted to file counter objections within a week.

The Petitioner seeks following interim reliefs from this Court:

i. Forthwith staying proceedings of the MC Negombo Case No. B

2983/2025 pending before the Additional Magistrate Court of Negombo;

ii. Forthwith staying said proceedings as far as it relates to the 3rd suspect (Petitioner)

iii. Directing the 9th respondent to forthwith suspend the Order dated

11.03.2025 to impose travel ban on the Petitioner in the said case;

Or alternatively, iv. Directing one or more or all 1st to 9th Respondents to forthwith inform the Immigration Controller to stop acting on the Order dated

11.03.2025 to impose travel ban on the 3rd suspect (Petitioner);

v. Directing the Respondents to prevent from arresting the Petitioner (3rd suspect) in the said case.

THE PETITIONER’S POSITION as per the Petition-dated 07.04.2025 The Petitioner operates a computer game shop named PS World and is the sole financial provider for his family. He claims to have been wrongfully named as the third suspect in Additional B Reports in Case No. 2893/25, asserting that there is no credible evidence linking him to the alleged offense. He further explains that, due to limited access to information and time constraints, he was compelled to file the current application urgently.

B Report dated 16.02.2025:

The Petitioner states that the Police Narcotic Bureau at Katunayake Airport filed a B Report (No. 2893/25) in the Additional Magistrate’s Court of Negombo regarding the arrest of a suspect found in possession of 36 kilograms and 152 grams of hashish, which contains cannabis sativa el. The initial report pertains solely to the narcotics recovered from the first suspect, Joseph Dhivia Ann, who arrived at the Sri Lanka Airport on flight EY 896 from Canada via Abu Dhabi. The Petitioner emphasizes that his name is not mentioned in this initial report.

Additional B Report dated 20.02.2025:

In a follow-up report, the fifth Respondent (Chief Inspector of Police-Acting OIC-Police Narcotic Bureau) revealed that two additional women arrived with the first suspect and were allegedly involved in drug trafficking but managed to evade airport security. The authorities subsequently alleged that a person na