Dasanayake Mudiyanselage Wasantha Kumara vs. The Hon. Attorney General – CA/HCC/48/20-2024

In the case between Dasanayake Mudiyanselage Wasantha Kumara (Accused-Appellant) and the Hon. Attorney General (Complainant-Respondent), the court addressed the sufficiency and validity of evidence in a prosecution for drug trafficking under the Poisons, Opium and Dangerous Drugs Ordinance. It was held that the prosecution failed to prove the appellant’s guilt beyond reasonable doubt due to material discrepancies in witness testimonies, challenges in the credibility of informant-led evidence, and improper application of the burden of proof. The fundamental principle reaffirmed was that the prosecution bears the responsibility to establish guilt without shifting the evidentiary burden to the accused, anchored in the accused’s constitutional right to a fair trial. The conviction and death se