Sundaralingam Sankar Kumar vs The Attorney General – CA 12/2008-2018

In the case between the Attorney General of the Democratic Socialist Republic of Sri Lanka and Sundaralingam Sankar Kumar, the court addressed the issue of whether the prosecution proved exclusive possession of 234 grams of heroin by the appellant beyond reasonable doubt, as required under Section 54A(d) of the Poisons, Opium and Dangerous Drugs Ordinance. The court held that exclusive possession had not been established, emphasizing that mere knowledge of contraband cannot be equated with possession without evidence of exclusive control. This decision reaffirmed the principle that the prosecution must prove both knowledge and exclusive possession—physical or constructive—for a conviction under the relevant Ordinance. The reasoning relied on established precedents regarding possession and