ATTORNEY GENERAL

Vs.

NIHAL

SUPREME COURT
WANASUNDERA, J.
ALUWIHARE, J.
DE ABREW, J.
SC/APPEAL/154/2010
SC/SPL/LA /100/2010
CA/125/08
HC GALLE 2136
OCTOBER 26, 2015

Poisons, Opium and Dangerous Drugs Ordinance, section 54A(d)-Evidence Ordinance, sections 114(f), 134-Drug related offence- Corroboration-Evidence given by trained police officers

The respondent had been indicted before the High Court under section 54A(d) of the Poisons, Opium and Dangerous Drugs Ordinance for possession of 9.91 grams of heroin. The High Court convicted the respondent and the respondent appealed to the Court of Appeal. The Court of Appeal set aside the Judgment of the High Court and acquitted the accused, on the basis that in drug related offences where police officers are the key witnesses, the evidence of only one of the main witnesses who was involved in the detection is not sufficient to secure a conviction. The Court of Appeal held that requiring corroboration of the evidence of such witnesses is the only way the defence would have the opportunity to challenge the veracity or the credibility of the prosecution witnesses, and thus contradict the prosecution versi