IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal to the Supreme Court against a Judgment of the High Court, in terms of section 451(3) of the Code of Criminal Procedure Act read with Article 127 of the Constitution.

Honourable Attorney-General Attorney General’s Department, Colombo 12.

Complainant – Appellant Supreme Court Supreme Court No. SC/TAB 05/2023 Vs.

High Court (Trial-at-Bar)

Case No. HC(TAB) 3887/2022

1. Jayakodi Aarachchige Anura Chaminda Appuhamy

2. Thavarasa Sadukaran 3. Aglesa Pille Thavarsa

4. Yakdehi Arachchige Lasantha alias Priyalal Apphamy Yaddehi Arachchige Lasantha Priyalal

5. Kandiah Chandrakumar Accused - Respondents BEFORE : S. THURAIRAJA, PC, J YASANTHA KODAGODA, PC, J A.L. SHIRAN GOONERATNE, J ACHALA WENGAPPULI, J &

K. PRIYANTHA FERNANDO, J Participation of the Accused – Respondents

1st Accused- Respondent: Present and represented.

2nd Accused – Respondent: Absent and represented. Surety (wife) present.

3^rd Accused – Respondent: Absent and unrepresented.

4th Accused – Respondent: Present and represented.

5th Accused – Respondent: Absent and unrepresented.

COUNSEL : Azard Navavi, Senior Deputy Solicitor General with Chrisanga Fernando, State Counsel instructed by Senior State Attorney for the Complainant-Appellant.

Thanuka Nandasiri instructed by Isuru Edirisinghe for the 1st Accused-Respondent.

Palitha Fernando, PC with Sanjaya Ariyaratna instructed by Isuru Edirisnghe for the 2^nd Accused-Respondent.

Neranjan Jayasinghe with Sanjaya Ariyaratna, Randunu Heellage and Imangsi Senarath for the 4th Accused-

Respondent.

ARGUED & DECIDED ON : 9th June 2025

JUDGMENT

Yasantha Kodagoda, PC, J.

Prior to this matter being fixed for hearing, Summons were issued on all Accused – Respondents. Only the 1st and 4th Accused – Respondents presented themselves before this Court. They were enlarged on bail. Following the issue of Notices on the Sureties of the Accused – Respondents who did not appear, the wife of the 2nd Accused – Respondent appeared before Court. On a request made by the Complainant – Appellant (the Attorney-General), the Court issued Warrants of Arrest on those Accused – Respondents who were not present before Court. Learned Senior Deputy Solicitor General (Snr. DSG) informed Court of steps being taken by the Complainant – Appellant to trace the whereabouts of the 2nd, 3rd and 5th Accused – Respondents.

He submitted that the assistance of INTERPOL had been sought and obtained. He also informed this Court that INTERPOL had issued ‘Red Notices’ on these three Accused – Respondents. Being satisfied that this Court could not take any further action to secure the attendance of the 2nd, 3rd and 5th Accused – Respondents, this Appeal was fixed for hearing and was taken-up today.

This Judgment relates to an Appeal preferred by the Honourable Attorney General (Complainant - Appellant) against a verdict of acquittal entered by a Trial-at-Bar of the High Court of the Western Province holden in Colombo. The Accused- Respondents had been indicted by the Complainant – Appellant for having jointly committed offences contained in sections 54A(b), 54A(c) and 54A(d) of the Poisons, Opium, and Dangerous Drugs Ordinance. The essence of the indictment preferred to the High Court by the Complainant - Appellant was that the five Accused named on the face of the indictment had, on or about 21st April 2019, committed the offences of importation, trafficking and joint possession of 196.986 kilograms of Diacetyl Morphine (commonly referred to as ‘heroin’).

The narrative of the prosecution’s case is that, on intelligence received by the State Intelligence Service and passed on to the Sri Lanka Navy, the latter had followed up on the intelligence and engaged in a search operation using the naval patrol boat ‘Sagara’ commanded by Captain Anil Bowatte, which, at the time of the receipt of information, was already patrolling the seas of Sri Lanka on routine reconnaissance duties. The intelligence received was t