High Court Judge Vikum Kaluarachchi made this order taking into consideration the discrepancies that arose during the prosecution’s evidence regarding the quantity of heroin seized by police.
However, the order of this case would not be effective for the suspect as he was already on death row for a drug smuggling case at the Colombo High Court.
The Attorney General had filed indictments against Wele Suda for possessing and trafficking of 6.07 grams of heroin in 2010.
It was revealed when the accused was arrested by Colombo Crimes Division (CCD), the seized quantity had been recorded as 83.4 grams of heroin. However, the quantity which was referred to the Government’s Analyst had been recorded as 97.7 grams of heroin. It was further revealed during the prosecution’s evidence that police has failed to send the production items to the Magistrate’s court even after the lapse of a month.
After perusing the inconsistencies in the evidence, the High Court decided to acquit and release the accused even without calling for defence’ evidence.
Wele Suda had been arrested by the CCD on May 27, 2010 in the Mount Lavinia area.
The Attorney General (AG) had indicted him under the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 13 of 1984.
President’s Counsel Nalin Ladduwahetty with Counsel Salika Gunawardena, Amila Palliyage, Thusitha Ranasinghe and Vajira Ranasinghe appeared for accused.