Madringe Nandawathi vs Officer in Charge Police Station Embilipitiya – CA PHC APN NO.97/2012-2012

In the case between Madringe Nandawathi (Petitioner) and the Officer in Charge, Police Station Embilipitiya, and the Hon. Attorney General (Respondents), the court addressed the disparity in sentencing between the main accused and the appellant convicted of aiding and abetting possession of a controlled substance under section 54A (C) of the No. 13 of 1984 Poison, Opium and Dangerous Drugs Act. The 1st accused, who pleaded guilty, received a monetary fine, while the appellant, found guilty after trial, was sentenced to five years’ rigorous imprisonment despite the absence of aggravating factors or prior convictions. The court held that although sentencing falls within the discretion of the trial judge, the circumstances warranted granting bail pending appeal, and the appellant was ordered

REF: CA PHC APN NO.97/2012-2012 Category: Tag:
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