Hettiarachchige Asoka v. Narcotic Bureau & Hon. Attorney General – CA CASE NO.179/2013-2015

In the case between The Democratic Socialist Republic of Sri Lanka (represented by the Narcotic Bureau and the Hon. Attorney General) and Hettiarachchige Asoka, the court addressed the validity of the conviction and life sentence for possession of heroin under section 54 of the Poisons, Opium and Dangerous Drugs (Amendment) Act, No. 13 of 1984. It was held that the conviction was unsafe due to the prosecution’s failure to call the chief investigating officer, Sub Inspector Tennakoon, whose absence prejudiced the defense and cast significant doubt on the prosecution’s case. The principle reaffirmed is that the prosecution must present essential witnesses and that the statements of suspects, as well as procedural fairness, must be meticulously considered. Reliance was placed on relevant lega