Luvis Amararaj alias Dubai Raja vs Hon. Attorney General – CA 35/09-2012

In the case between Luvis Amararaj alias Dubai Raja (Appellant) and Hon. Attorney General (Respondent), the court addressed the issue of whether the trial judge erred in rejecting the appellant’s denial defence on the ground that no alibi notice had been served, despite the defence not being one of alibi but rather a denial of possession. It was held that the trial judge’s failure to distinguish between an alibi and a denial defence was a misapplication of the law, rendering the conviction and sentence unsustainable. The principles reaffirmed include the proper identification and legal treatment of a denial defence as distinct from an alibi, ensuring that trial fairness is preserved. The decision relied upon the correct construction of Section 54(a)(d) of the Poisons and Dangerous Drugs Or