BASKARAN

Vs.

ATTORNEY GENERAL

COURT OF APPEAL
ABEYRATNE, J.
KUMARARATNAM, J.
CA/HCC/228/2018
HG COLOMBO 7604/2014
FEBRUARY 2, APRIL 30, 2021

Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 13 of 1984, sections 54(A)(b), 54(A)(d)-Trafficking and possession of heroin-Inward journey

The appellant was indicted before the High Court of Colombo for the offences of trafficking and possession of 7.93 grams of heroin. After trial he was found guilty on both counts and sentenced to life imprisonment on the first count. No sentence was imposed on the second count. The appellant appealed against the conviction and sentence to the Court of Appeal. The two grounds of appeal were that the High Court failed to consider whether the chain of the inward journey was established by the prosecution, amounting to doubt about whether the parcel containing the substance sent to the Government Analyst could have been swapped or contaminated, and that the prosecution failed to prove the inward journey of the productions beyond reasonable doubt.

Held:

1. Chain of custody issues are very important in cases involving drugs. The prosecution has to present undi