Kankanam Pathiranage Suraj Kumara vs Hon. Attorney General – HCC/0163/2019-2022
In the case between the Democratic Socialist Republic of Sri Lanka (Represented by the Hon. Attorney General) and Kankanam Pathiranage Suraj Kumara, the court addressed whether the prosecution’s narrative concerning the accused’s arrest and possession of heroin was probable, and whether the chain of custody for the heroin was established beyond reasonable doubt. The court held that the trial judge improperly rejected the defence evidence, failed to apply the presumption of innocence, and did not impartially consider the testimony of the defence witnesses, including the accused’s son. The decision reaffirmed the principle that both prosecution and defence evidence require equal and impartial evaluation in criminal proceedings, and that the prosecution bears the burden of proving allegations

