Halpitapathalage Don Nishantha Arskin Perera vs Hon. Attorney General – CA CASE NO. HCC/326/19-2022

In the case between Halpitapathalage Don Nishantha Arskin Perera (Appellant/Accused) and Hon. Attorney General, Attorney General’s Department (Respondent/Complainant), the court addressed whether the accused-appellant possessed the requisite knowledge that heroin was being transported in the three-wheeler he was driving, as required to sustain a conviction under Section 54A(b) of the Poisons, Opium and Dangerous Drugs Ordinance. It was held that the conviction and death sentence imposed on the appellant should be affirmed, as the evidence established knowledge and participation in the offense beyond reasonable doubt. The court reaffirmed that possession and knowledge are critical elements for trafficking convictions and relied on the analysis of testimonial evidence, the presence of narcot