A.L. Shiran Gooneratne J.

[1] The Accused-Appellant-Appellant was indicted by the High Court of Colombo under the Poisons and Dangerous Drugs Act No. 13 of 1984 (as amended) on two counts i.e. that on or about 19/12/2004, the Accused was in possession of 23.2 grams of diacetyl morphine also known as heroin, and trafficking the said quantity, to which the Accused pleaded not guilty.

[2] At the conclusion of the trial before the High Court, by Judgment dated 01/03/2011, the Accused was convicted on both charges and was sentenced to death. The Court of Appeal by its Judgment dated 14/06/2012, affirmed the said conviction.

[3] Being aggrieved by the said conviction and sentence the Accused-Appellant by Petition dated 24/07/2012 is before this Court, to set aside the Judgment dated 01/03/2011 and 14/06/2012, delivered by the High Court and the Court of Appeal respectively.

[4] By Order dated 26/09/2012, this Court granted leave to appeal on the following questions of law;

1. Did the Court of Appeal misdirect itself in law as to the manner of evaluating evidence as required by law.

2. Did the Court of Appeal err in law when it rejected the Petitioner’s evidence and thereby her defence outright