Mirissage Sampath Silva vs. The Democratic Socialist Republic of Sri Lanka – CA – HCC 125/2018-2022

In the case between The Honourable Attorney General (on behalf of the Democratic Socialist Republic of Sri Lanka) and Mirissage Sampath Silva, the court addressed the propriety of the conviction for possession and trafficking of heroin in light of the credibility of prosecution evidence, the proof of exclusive possession, and alleged procedural failings such as the non-calling of purported essential witnesses. It was held that substantive weaknesses in the prosecution—particularly regarding proof of trafficking intent, the accused’s exclusive control of drugs and money, credibility of key witnesses, and general police conduct—gave rise to reasonable doubt. The conviction and sentence were therefore set aside, reaffirming the principle that where reasonable doubt exists, it must be resolved