Sembulingam Pakkiam v. The Honourable Attorney General – CA HCC/345/2007-2022

In the case between The Democratic Socialist Republic of Sri Lanka / The Honourable Attorney General (Respondent) and Sembulingam Pakkiam (Appellant), the court addressed whether the conviction and sentence of the appellant for illegal possession of a T56 firearm and ammunition, imposed in absentia, should be set aside due to (a) procedural irregularities concerning the appellant’s alleged absconding and trial in absentia, and (b) a substantial evidentiary gap in the chain of custody of the production items. It was held that the evidence did not conclusively establish that the appellant was absconding at the time of trial and that the significant break in the chain of custody created reasonable doubts about the prosecution’s case. The court also determined that, despite the appeal being fi