SIVATHASAN

Vs.

ATTORNEY GENERAL

SUPREME COURT
ALUWIHARE, J.
KODAGODA, J.
DE SILVA, J.
SC/APPEAL/208/2012
CA/APPEAL/46/2008
HC VAVUNIYA HCV/1946/07
JANUARY 22, 2021

Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 13 of 1984, sections 54A(b), 54A(d), 82(3)-Trafficking in and possessing heroin-Code of Criminal Procedure Act, sections 200, 201, 263(1)-Burden of proof-Credibility of witnesses-Evidence Ordinance, sections 3, -Duty of the trial judge in recording evidence-Articles13(3), 118, 127(1), 127(2), 128(1), 128(2), 138(1) of the Constitution Right to a fair trial-Grounds of appeal-Appellate jurisdiction of the Supreme Court

The two accused were convicted of trafficking in and possessing 1.503g of heroin-offences under sections 54A(b) and (d) of the Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 13 of 1984 - and sentenced to life imprisonment. On appeal, the Court of Appeal acquitted the 2nd accused but upheld the conviction and sentence of the 1st accused. The 1st accused appealed to the Supreme Court.

Held:

1. Since the informant did not testify at the trial, the contents of the information received from him are ina