Attorney General v. Aponso – CA CASE NO: 210/2012-2008

In the case between the Hon. Attorney General, Attorney General’s Department, Colombo 12 (on behalf of the Democratic Socialist Republic of Sri Lanka) and Rapiyal Jayaseelan Fernando, the court addressed whether the accused was properly convicted and sentenced for possession of heroin under Section 54A(d) of the Dangerous Drugs and Opium Ordinance No. 13 of 1984, as well as whether the right to a fair trial—specifically the right to adduce evidence for the defence—had been compromised due to procedural restrictions imposed by the trial judge. It was held that the accused’s right to a fair trial was violated by the trial court’s erroneous prohibition on leading evidence to contest the place of arrest, under the misapplication of procedural rules relating to the alibi defence. The decision r