Lokuheva Gamage Shyamalie vs. The Attorney General – CA CASE NO: HCC 165/17-2023

In the case between Lokuheva Gamage Shyamalie (Accused-Appellant) and the Attorney General, the court addressed the issue of whether the prosecution established that the Accused possessed the requisite knowledge (mens rea) to be deemed in actual possession of heroin, contravening the applicable narcotics laws. It was held that the evidence, including consistent eyewitness testimony and corroborative facts, established both physical control and awareness of the substance. The court reaffirmed the principle that possession under narcotics law necessitates both physical and mental elements, drawing upon established precedents including Warner v. Metropolitan Police Commissioner and the principles articulated by Lord Wilberforce. Reference to these precedents underscored that mere custody, abs