ILLICT DRUGS AND TREATMENT OF OFFENDERS IN SRI LANKA
Nishantha Shanthilal Hapuarachchi＊

I. INTRODUCTIONth

On 20 November 2004, it was another day for the Capital of Colombo, in Sri Lanka. In the afternoon,
there was widespread news throughout the country, that a High Court Judge was shot dead. The whole
judiciary and the People of Sri Lanka were stunned by this news because this had never happened before.
SarathAmbepitiya was a Sri Lankan judge, serving as the Judge of the Colombo High Court when he wasassassinated. The assassination, planned by a drug lord, Mohammed NiyasNaufer alias PottaNaufer,sentenced by the Judge, gripped the nation and forced the government to crack down on drug trafficking andorganized crime.
He was shot dead by assassins at his home along with his bodyguard, Police Inspector UpaliBandara, on
November 20, 2004. At the time of his death he was one of the most senior Judges of the High Court and was
expected to be promoted to the Court of Appeal. The Chief Justice described Ambepitiya as “the most fearlessjudicial officer we had. His death is a great loss to the judiciary”.
Later on, five men were indicted over the murder of Ambepitiya. This included the alleged mastermind,
Mohammed NiyasNaufer alias PottaNaufer on charges of conspiracy to commit murder; and SujithRohanaRupasinghe, SumindaNishantha, Udara Perera and Lasantha Kumara, who were alleged to havecarried out the murder. On July 4, 2005, amid high security and following a three-month trial, a High Court
Trial-at-Bar reached a unanimous verdict finding the five men guilty of murdering Ambepitiya and his
bodyguard. All five were sentenced to death by hanging; this sentence was affirmed by the Supreme Court of
Sri Lanka on appeal1.
This assassination indicates the illicit drug trafficking in Sri Lanka is strong and lucrative. The culprits arein the mafia and ready to do anything to gain their profits and potential hindrances to be eliminated, so theyassassinated the Drugs Court Judge in Colombo. With this background, the treatment of illicit drug offenders
should be considered.

II. WHAT ARE ILLICIT DRUGS?
In Sri Lanka, illicit drugs are called “Dangerous Drugs”. This regime is governed by several Ordinancesand Acts and Gazettes of Parliament namely;








Customs Ordinance No. 17 of 1869
Poisons, Opium and Dangerous Drugs Ordinance No. 17 of 1929
Cosmetics, Devices, and Drugs Act No. 27 of 1980
Conventions against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act No 1 of 2008
Precursor Control Authority Regulations, Gazette Extraordinary 1653/7 May 10th 2010
Tobacco Tax Act No. 8 of 1999
Tobacco Tat Act Regulations, Gazette Extraordinary 1610/28 17th July 2009

In section 48 (1) of Poisons, Opium and Dangerous Drugs Ordinance No. 17 of 1929 defines the Danger
Judge, Civil Appellate High Court of Galle, Sri Lanka.
https: //en. wikipedia. org/wiki/Sarath_Ambepitiya (accessed on 27-05-20180 and Supreme Court Judgement, THE
ATTORNEY-GENERAL v. POTTA NAUFER AND OTHERS (AMBEPITIYA MURDER CASE) [2007] 2 SLR 144＊
1

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Poisons, Opium and Dangerous Drugs Ordinance No. 17 of 1929, which says;“(1) the drugs, substances, articles or preparations, specified for the time being in Groups A, B, C, D and
E in Part I of the Third Schedule, shall be deemed to be dangerous drugs;”
Thus, the Poisons, Opium and Dangerous Drugs Ordinance of 1929 which has undergone many
amendments, most recently in 1984 (Act no. 13) is the principal statutory enactment regulating poisons,opium and dangerous drugs in the country. Part I, third schedule of this ordinance provides a wide range of
dangerous drugs which are not listed here. In the category B, is the most dangerous drugs are scheduled.
This list includes heroin, cocaine, morphine or opium and various other illicit drugs. Other statutes with
provisions relating to drugs include:

The Penal Code (Ordinance no. 2 of 1983 as subsequently amended) in particular Chapter 14 which
covers public health and safety.



The Cosmetics, Devices and Drugs Act (Act no. 27 of 1980, as amended by Act no 38 of 1984) The
Act regulates the manufacture, sale and distribution, labeling and advertising of all commercial
drugs.

The Ayurveda Act (Act no. 31 of 1961 as amended by Act no 5 of 1962) entitles ayurvedic physicians
to obtain opium and ganja for manufacture of their medicinal preparations.



The Customs Ordinance (Ordinance no. 17 of 1869, as subsequently amended) schedule B of thisordinance contains lists of substances with prohibitions and restrictions on both import & export.

III. STATUTORY REGIME
Section 52 of the Poisons, Opium and Dangerous Drugs Ordinance states: ʻNo person shall obtain or havein his possession any dangerous drugʼ. This provision establishes that a dangerous drug is an illicit drug byprohibiting use. Hence, possession of dangerous drugs creates an offence. Section 52(2) creates an offence forillicit users of dangerous drugs.
Section 53 discusses the manufacturing of drugs. It strictly prohibits manufacturing or carrying on any
process in the manufacture of any dangerous drug.
Section 54 of the Poisons, Opium and Dangerous Drugs Ordinance prohibits administering, selling,
supplying, or procuring or offering to sell, supply, or procure any dangerous drug to or for any person,
whether in Sri Lanka or elsewhere, or advertise any such drug for sale, except as permitted by, or otherwise
than in accordance with, the provisions of the Ordinance and a licence in that behalf from the Director.
Section 54A establishes the death sentence or life imprisonments for manufacturing of heroin or cocaine
or morphine or opium. Manufacture and trafficking are defined as follows:“manufacture” in relation to a dangerous drug includes any process of producing such drug and therefining or transformation of one drug into another;“traffick” means(a) to sell, give, procure, store, administer, transport, send, deliver or distribute;or(b) to offer to do anything mentioned in paragraph (a)Section 78 of the Ordinance imposes the penalty of other than a person guilty of an offence under section
54A. it says;(a) on summary conviction by a Magistrate, to a fine not less than one thousand rupees and not exceeding
ten thousand rupees or to imprisonment of either description for a period not exceeding five years or toboth such fine and imprisonment;(b) on conviction before the High Court, to a fine not less than ten thousand rupees and not exceeding86170TH INTERNATIONAL TRAINING COURSEPARTICIPANTSʼ AND OBSERVERSʼ PAPERS

twenty-five thousand rupees or to imprisonment of either description for a period not less than six
months and not exceeding seven years, or to both such fine and imprisonment”.
It is apparent that the penalties for drug offences now range from fines to death or life imprisonment. The
penalty of death (which Sri Lankan courts have interpreted as non-mandatory) or life imprisonment accrues
for manufacture of heroin, cocaine, morphine or opium and the trafficking, possession, import or export of aminimum amount of (a) 500 grams of heroin (b) 3 grams of morphine (c) 2 grams of cocaine or (d) 2 grams ofheroin. Less severe offences including the regulatory ones warrant sentences of fines or imprisonment, theamount of the fine or the length of imprisonment depend on the quantity of drug, the gravity of the offence
and the courts having jurisdiction. It should also be noted that no bail be granted on pending inquiry except
for special circumstances2.

IV. WHY SRI LANKA IS A HOT SPOT FOR ILLICIT DRUGS AND TRAFFICKING
The most significant drug problem is the trafficking of heroin from India for local consumption. In thisregard, Sri Lanka serves as a transshipment hub for heroin trafficked into the country mainly from Indian
locations. The reason being for this is the long-standing violence (Civil War) and political tension has
diminished the ability of law enforcement to address drug trafficking concerns adequately. It was debatedwhether some powerful politicians are behind and involved in drug trafficking which handicaps the
combating of drugs.

V. COMBATING THE DRUG MENACE
In Sri Lanka, the National Dangerous Drugs Control Board, (NDDCB) is the pioneer government
institution which discharges its functions with an aim to eradicate the drug menace from Sri Lanka. Amongthe other functions, providing treatment to the drug dependants and rehabilitation of drug dependants aremain roles of the NDDCB. Four treatment and rehabilitation centres are being conducted under the purview
of the board throughout the country with greater focus in Colombo, Kandy, Galle and Gampaha Districts.
Counselling service and residential treatment facilities are being provided for the drug addicts at thesetreatment centres.
In response to the growing drug problem in Sri Lanka in the 1970s, a National Narcotics Advisory Board
was established by the government in 1973 to co-ordinate the control measures. This was an ad-hoc
committee chaired by the deputy minister of Defence and consisting of representatives from various
ministries, departments and NGOs. The authority of the board, as implied in its name, was advisory infunction and scope.
In the early 1980s the government, having realized the seriousness of the problem, and in keeping withthe obligations imposed by the 1961 single convention on narcotic drugs, initiated the process of formulating acomprehensive national policy to reduce drug abuse, and to draft legislation for the establishment of a
National Dangerous Drugs Control Board3. Thus, NDDCB is the main combating and rehabilitation agency in
Sri Lanka.

VI. ARRESTS RELATING TO DRUG OFFENCES
The total number of persons arrested for drug-related offences was 8,570 from January to June 2015. Of
the persons arrested 1,795 were heroin users. 21% percent of the persons arrested were aged between 30 and
34 years.
Of the reported arrests, the majority (2,350) were arrested from Colombo District. When considering allarrests, 38% were from Western Province. Among the reported persons, 99% were male and 1% were female.
Of the persons reported 5, 732 (67%) were married and 2, 804 (33%) single. Among the total drug-relatedarrestees, 58% had studied between year 5 and 10. The prevalence of drug related arrests per million
Vide section 83(1) ʻNo person suspected or accused of an offence under section 54A or section 54B of this Ordinance shall be
released on bail, except by the High Court in exceptional circumstances.ʼ3
http://www.nddcb.gov.lk/aboutus.html
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population, based on 2012 provisional data of census among ethnic groups, Sinhalese were 476,Tamils 204,
Moor 333, Malay 270 and Burgher were 261 during the first half of year 2015. The prevalence rate of drugrelated arrests per million population among religions: Buddhists were 492, Hindus 211, Islamic 321 andChristians 235 during the first half of the year 20154.

(Source http://www.nddcb.gov.lk)
The statistics show that cannabis is the mainly used drug and heroin takes second place. 86% are users,
1% are traffickers and 3% are sellers. It should be noted 7% are drug-addicted persons. These are the people
who need rehabilitation. The 2017 and 2018 statics are not documented and published by NDDCB.

VII. TREATMENT OF ILLICIT DRUG USERS AND OFFENDERSAs previously discussed, the sentences are harsh on drug manufacturing and trafficking. Thus, they are
subjected to mandatory custodial sentences. However, those in possession of illicit drugs as users will gettreatment from rehabilitation in centres on a court order.
The total number of drug users reported from treatment facilities during the first quarter of 2016 was419. Within the period, the number of drug users has increased by 39%, compared to that of 2015. 48% of thetotal reported drug users were from the government (NDDCB) treatment facilities, 42% was from the prison
drug treatment and rehabilitation programme and 10% has reported from NGOs. The prisoner diversion
programme changed in 2011 due to enactment of drug dependents (treatment and rehabilitation) act No. 54,
2007 to implement compulsory treatment facilities in Sri Lanka. Under the above act, an exclusive treatment
programme has been designed for prisons for drug related offenders. The majority of reported drug users
had received institutional treatment facilities and among the treatment admissions 47% was from Colombo
district. When considered the entire treatment admissions, 65% was from Western Province.
414 male drug users were admitted to the treatment during this period. The number of male drug users
reported during this period had increased compared to the corresponding period of 2015. Only five females
were obtained treatment during the period.
Among the total drug users, 37% had chased the drug and 41% reported eating or drinking it. 21% of the
drug users smoke the drug. Of the persons reported 192 (46%) were single and 207 (49%) were married. Of thetotal 230 (55%) had studied between year 5 and 10.
The prevalence of drug users reported from treatment facilities per million population based on 2012
estimated of census, among the ethnic groups Sinhalese was 23, Tamil 10, Moor 19, Malay 23 and Burger 52

4

Statistical report on drug related arrests in Sri Lanka (DAMS arrest report) - Volume 49.

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during the first quarter 2016. The prevalence rate of drug users per million population among Buddhists was
22, Hindu 7, Islamic 20 and the Christians 26 was represented during the corresponding quarter5.

(Source http://www.nddcb.gov.lk)

VIII. RATE OF ADDICTION
The Dangerous Drugs Control Board has said over 250,000 youth of Sri Lanka are addicted to drugs. The
Chairman Professor Ravindra Fernando said close to 50,000 youth are found to be addicted to heroin alone.
He also said that about 2,500 youth are annually subject to rehabilitation from drug addiction6. It is so pathetic
that youths of the country have engulfed with drug menace. The youth are the future of the country and thereform and rehabilitation while combating the illicit drugs are essential.

IX. TREATMENT PROGRAMME
In taking treatments, a client needs to stay three months at the centre for residential treatment. After the
residential period is over the client is required to enroll into the relapse prevention programme.
Parents/guardians are required to assist the clientʼs recovering process and help to cope with uncomfortablefeelings. Wherever possible, the residential programme incorporates activities and experiences consistent
with normal lifestyles. The clients will have a formal treatment programme during week days, lessstructured activities in evenings and on weekends. Daily activities include individual and group counsellingsessions, educational programmes, care and maintenance of the centre, work projects such as landscaping,

5
6

Statistical report on drug dependents from treatment agencies (DAMS treatment report) - Volume 100 - 1st quarter 2016
https://www.newsfirst.lk/2017/07/250000-youth-sri-lanka-addicted-drugs/(accessed on 27-05-2018)89

RESOURCE MATERIAL SERIES No. 107

creative pursuits such as pottery, welding work, carpentry and drama, stress management activities likemuscle relaxation, meditation and recreation. Television and newspapers are available for residents.

X. ABOUT CENTRESThe centre consists of counselling rooms, office buildings, vocational training units, kitchen and dining hall(s). Those are located in easily accessed and free locations. The centres provide basic but clean and hygienic
accommodation, a balanced diet, in-door and out-door recreational facilities, a group of friendly and trained
staff. The treatment programme consists of medical attention, counselling, behavioural therapy, vocational
training, in-door and out-door recreational activities. The treatment needs of each person are assessedindividually.
The centres are managed by a resident manager with a trained and well experienced counsellor, assistantcounsellors and members of treatment staff who take care of the residents. The counsellor would personally
talk to parents, spouses or guardians on admission of the client to the centre and would take them around toshow the facilities provided at the centre. There is a monthly get-together at the centre for clientʼs parents,
spouses or guardians.
Main Private Community Counselling Centres in Sri Lanka“Siyapatha” Counseling Centre
Old Ceylon Buddhist Congress Complex
Bauddhaloka Mawatha
Colombo 07
Tel : 011 309 1394

Sri Lanka Maha Bodhi Counseling Centre
Sri Lanka Maha Bodhi Society
No. 130, Maligakanda Rd, Maradana
Tel : 011 267 7626 / 011 493 50777

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XI. CASE STUDIESThe author of this document is working as a judge of Southern Province in Sri Lanka. Thus, his two casestudies are based in Southern Province. One case was on imperative rehabilitation (Compulsory) and theother case study was on voluntary rehabilitation. It is understood that rehabilitation centres are divided into
those run by the government and private-sector run facilities by NGOs8. This area is governed by the Drug
Dependant Persons (Treatment and Rehabilitation) Act, No. 54 of 2007. The Act provides voluntary9 andcompulsory treatment10 facilities in Sri Lanka. Under compulsory treatment, the person must be convicted
for a drug-related offence. The section 10(4) said Act states as follows;“Where a person is convicted and sentenced for any offence under the Poisons, Opium andDangerous Drugs Ordinance (Chapter 214) and the Court convicting such person is satisfied by evidenceon oath led before such Court that such person is a drug dependant person, the Court may, commit theperson so convicted to a Treatment Centre for such period of time as may be determined by Court taking
in to consideration the degree of dependence of such person. Such period of time may be extended on
application made by the Director of the Treatment Centre to which such person is committed. The
circumstances on which the extension is requested should be sufficient in the opinion of the Court tonecessitate such extension”

XII. STORY OF SUDATH
Nanayakkarawasam Masachchi Sudath Dhammika, 36 years, is married and having one child. He and hiswife run a fruit selling business in Sandarawala. The author interviewed him after release of undergoing therehabilitation in Kandakaduwa Rehabilitation Centre which is situated in Polonnaruwa. According to Sudath
he tried heroin to get sexual ecstasy. One of his friends told him that heroin gives a long lasting sexualpleasure, and it is a kind of treatment for premature ejaculation. His maiden taking of heroin was a bitter
experience because he vomited after taking it. He said he had gone blank. But he said that at initial stages
there was a prolonged sexual intimacy but it lasted two to three months. When he tried to stop the habit, heunderstood that he could not and he is addicted to heroin. He stole money from his own fruit stall. His wife
was curious how the business was losing money. While on heroin, Sudath was caught by a Baddegama Police
Official. He was convicted on 21-03-2016 by Baddegama Magistrate since he had no previous convictions only
Rs. 10,000/= was fined. No rehabilitation was done this time. Sudath said when he came out after paying thefine, again, he could not stop the bad habit and the feeling was unbearable. His body was pleading for heroin
all time. He said that sometimes he spent Rs.12, 000/= per day for heroin as 5mg heroin packet was Rs. 1000/=. His day to day family life was ruined and he got caught for second offence on 03-04-2017. Then he wascharged for possession of heroin 20mg11. This time, a full medical report was ordered and from the report,
Sudath was identified as drug dependant. Thereafter, Sudath was sent for rehabilitation for 12 months at
Kandakaduwa.
Sudath says that it was a blessing in disguise; though he had to separate from the family, he managed toreform and come back to society as a worthy person. He said the first six months was for rehabilitation andsecond 6 months for training. He said that at Kandakaduwa Rehabilitation Centre, he learned masonry. He
said while he was in the camp, his wife developed the fruit stall and he is doing masonry and has no bad
habits. He said that now he is completely out of bad habit thanks to rehabilitation.

By the Section 3 of Drug Dependant Persons (Treatment and Rehabilitation) Act, No. 54 of 2007
By the Section 9 of Drug Dependant Persons (Treatment and Rehabilitation) Act, No. 54 of 200710
By the Section 10 of Drug Dependant Persons (Treatment and Rehabilitation) Act, No. 54 of 2007
11
Extracted details from case record No. 94185 (B/172/2017).
8
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RESOURCE MATERIAL SERIES No. 107(Sudathʼs fruit stall)(The author was interviewing Sudath while he was working (applying potty, it is evident that masonrytraining of Kandakaduwa has changed Sudathʼs life))

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Sudath was completely rehabilitated. He was rehabilitated at Kandakaduwa Camp which is run by the
Bureau of the Commissioner General of Rehabilitation under the patronage of the Ministry of Prison Reforms,
Rehabilitation, Resettlement and Hindu Religious Affairs. According to the sources, drug addicted persons
mainly undergo rehabilitation at Kandakadu Centre in Polonnaruwa. It is a rehabilitation centre of youth
addicted to drugs at a secure residential facility. It is a place for those who are convicted and remanded for
drug abuse, drug trading and possession. These individuals will be subjected to the rehabilitation programmeaccording to their levels of education, social and economic backgrounds. They will be put throughpsychological therapy that will assist them to gradually get rid of their addiction. Through the variation of theenvironment and a conducive surrounding, and the continued medical therapy, it is expected that these
individuals will within the stipulated timeframe be able to rid themselves of their addiction. The following
training and courses are given at Kandakaduwa12.
DETAILS OF VOCATIONAL TRAINING PROGRAMMES Plumbing Course Carpentry Course (Building) Carpentry Course (Furniture) Computer Course House Wiring Course
 Masonry Course Aluminium Fabrication Course Welding Course
DETAILS OF VOCATIONAL ORIENTATION TRAINING PROGRAMMES Dhamma Anuradha Meditation Programme Brahma Kumaris Yoga Centre Meditation Programmes
 Aesthetics/Drama Therapy Programmes
 Spiritual Development Programme Sports Activities Leadership and Personal Development Programme Language Training (Sinhala, Tamil & English) Counselling & Mentorship Programme Mental Health Programme Yoga Programme Bakery Products
 Footwear Manufacturing Training Programmes
 Bag Manufacturing Training Programmes Leather Goods Manufacturing Training Programme Food Technology
 Precast Components Manufacturing Training Self-Employment Development
 Animal Products Coconut Cell Products
It is seen huge rehabilitation is done under this institution. The following are the details:
Details of Reintegrated Drug Offenders as at February 201713
Reintegrated Drugs Offenders-District Wise
S/N

12
13

DistrictLess
than 20

21-30

31-40

41-50

Above
50

Not
Known

Total

1

Colombo

02

142

290

184

91

11

720

2

Gampaha

04

164

140

43

20

04

357

http://www.bcgr.gov.lk/programsdrugaddicts.php, accessed on 07-08-2018
http://www.bcgr.gov.lk/reintegrated_drugs.php accessed on 07-08-2018

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3

Kalutara

01

25

50

22

10

04

112

4

Kurunegala

01

37

31

09

01

02

81

5

Puttalam

02

26

18

03

02

01

52

6

Anuradhapura

-

13

15

06

-

-

34

7

Galle

-

12

06

03

02

-

23

8

Kandy

-

09

16

-

01

-

26

9

Kegalle

-

13

04

-

01

-

18

10

Hambantota

-

07

14

02

01

-

23

11

Ratnapura

-

04

01

05

01

01

12

12

Polonnaruwa

-

05

01

02

-

-

08

13

Trincomale

-

-

01

03

03

-

07

14

Badulla

-

-

01

05

-

-

06

15

Ampara

-

01

02

-

02

-

05

16

Matara

-

02

01

-

01

01

05

17

Monaragala

-

01

-

-

-

-

01

18

Nuwara Eliya

-

01

01

-

-

-

02

462

592

287

135

24

1510

Total

Employment Summary of Monitored Drug Offenders
S/N

94

Details

Total

1

Monitored

492

2

Unemployment

71

3

Labour97

4

Masonry

35

5

Fisheries

126Foreign Employment

17

7

Self Employment

24

8

Farming01

9Carpentry

05

10

Private Sector

25

11Painter

14

12

Mechanic

20

13

Driver32

14

Security Sector

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15

Small Business

27

16

Jailed/Unknown Residencies/Others

104

Apart from that, the author also examined the detection details of Galle Police Division in Southern
Province. The details are as follows;
Period of 01.01.2018 to 30.06.2018 on illicit Drug detections in Galle Police Division.14
Ref. No:

Police Station

Indian Hemp cases(Ganga/Kansa)

Heroin cases

01

Galle

238

362

02

Hikkaduwa

132

48

03

Rathgama

82

58

04

Habour

62

56

05

Habaraduwa

102

62

06

Ahangama

28

22

07

Imaduwa

22

06

08

Akmeemana

46

67

09

Waduramba

12

05

10

Poddala

32

22

11

Yakkalamulla

08

-

12

Udugama15-

13

Nagoda22

07

14

Hiniduma

46

-

15

Neluwa

19

-

Total

866

715

This table shows though the rehabilitation is done, on the other hand, the addiction is also growing
drastically.

XIII. PLIGHT OF NON-DETECTION OF DRUG OFFENDERSDrug addiction is a jealous mistress; it always demands money. Thus, if offenders are safe in society, it isobvious the crime rate will increase. It ranges from Murder to minor thefts. Rehabilitation is the only solution
to curb the increasing tendency towards drug addiction. To initiate rehabilitation, all Judges were directed by
the Secretary to the Judicial Service Commission to send the convicts for drug cases for rehabilitation at
Kandakadu Centre15 for a maximum period of one-year mandatory rehabilitation. During rehabilitation the
courts are empowered to call progress reports of the detainees/offenders. It is seen that this mechanism isdoing well as Baddegama Magistrate ordered 71 illicit drug users for rehabilitation at Kandakadu in the firsthalf of this year (2018)16. The Officers in charge of Baddegama, Nagoda, Thelikada, Poddala and Wanduraba
1415

Extracted from field notes of the author.
Vide JSC Circular No 382

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Police station say that the crime rate has rapidly come down due to rehabilitation of illicit drug users in atimely manner17.

XIV. VOLUNTARY REHABILITATIONThe Author visited the voluntary rehabilitation camp in Unawatuna which is run by National Dangerous
Drug Control Board. The Manager of the Prevention, Treatment and Rehabilitation Center of Unawatuna
informed the Rehabilitation is based on following methods;











Therapies of re-examining past experiences
Rational emotional therapy
Role-play therapy
Reversal therapyLife skill development therapy
Motivational therapy
Psychoanalysis
Affect therapy
Self-esteem building therapy
Self-confidence building therapy

The Rehabilitators should undergo a daily routine according to a time table. The duration forrehabilitation is two months which is not sufficient according to the Manageress of the Centre. It is observed
therefore no detainees were sent through the courts as the short period of rehabilitation was given. Thus, thisinstitution is mainly for voluntary rehabilitation. The author interviewed one detainee who came forvoluntary rehabilitation at the Unawatuna Centre.
Mudalige Rananath Gunawardene of Tewatta Road, Ragama, 31 years old, married, worked in the Middle
East and had earned a considerable amount of money. When he returned home, he started working as a
Medical Representative. His addiction to heroin started due to peer pressure and on the destined day, hewent to a funeral home for a sleep over. He had a chance to use heroin which was given by a friend who cameto the funeral home. First he vomited but later on his body demanded to take heroin. He spent Rs 3000/= per
day and he borrowed money to buy heroin. Then, his wife realized the change of behaviour of her husband
and questioned him. Then, he told her that he was addicted to heroin. After a long discussion, they decided toundergo rehabilitation in Unawatuna.

(Images of Unavatuwna Centre)
Rananath says that he is confident that he could escape the addiction. In the meantime, the author
inquired the Magistrate of Galle and he said that he is personally against the forceful rehabilitation as it is
The author refers the Hon Judgeʼs Report dated 20-07-2018 in this regard.
Separate Police Reports were sent to the author thought the Magistrate of Baddegama confirming the deduction of crime
rate.

16
17

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against the human rights of the prisoners. It is seen that the Section 10 of Drug Dependant Persons(Treatment and Rehabilitation) Act, No. 54 of 2007 imposes a burden on the court for mandatory
rehabilitation, yet some judges are reluctant to implement those provisions stating it is unconstitutional.
However, the author inquired prison authorities and they say they have informal programmes outside theprison for rehabilitation. The author noted that repeat offenders can be found in the prison for drug addiction.

(Author questioned a drug addicted and convicted prisoner and he said he is not undergoing rehabilitation
which is unfair by him and society wise)

XV. CONCLUSION
Sri Lankaʼs experience in dealing with drugs of abuse and with the drug abuse problem is unique in many
ways. From the sixteenth century until the middle of the twentieth century, the colonial powers regulated theuse of opium as a revenue earning measure. Since independence was achieved in 1948, various measures havebeen taken to scale down the abuse of opium, cannabis and certain psychotropic substances, but not all these
efforts have been successful. In the wake of thirty years of ethnic problems (LTTE civil war), there has been
an increase in the involvement of Sri Lankan nationals in smuggling drugs across national frontiers. The
absence of a comprehensive national policy on drug abuse has been a major constraint on law enforcement
and the development of interventions for education, treatment, rehabilitation and crop substitution. Sri Lankais fortunate to have a rich tradition of networks of non-governmental organizations and religious institutions,and these can be mobilized to discourage and rehabilitate the use of intoxicating drugs and alcohol18.
Mostly the offenders and victims of drug users are youth of the country. The Royal Park Murder case19
gives ample opportunity to rethink how horrendous the addiction of drugs is. The sale of drugs to youngsters
who frequent night clubs in Sri Lanka has led to many violent crimes. The Royal Park murder is one such
instance where a young girl died at the hands of her boyfriend in a most brutal manner. The trial court
sentenced the culprit to 12 yearsʼ imprisonment but on appeal it was converted to the death sentence. Bothoffenders and the victim were youngsters. The senseless murder of Bharatha Lakshman Premachandra,
former Member of Parliament, and Director General of Trade Union Affairs on the streets of Mulleriyawa
has been attributed to a feud that erupted due to a conflict of opinion on the drug trade as has been reported
recently in the media. The culprit, Duminda Silva, Member of Parliament, is sentenced to death.
In a spiritual manner, drug dealing is one of the greatest sins. Whether a dealer, distributor or user, therepercussions are severe and unthinkable. By using drugs the mind becomes unsound and lunatic. It is said asa result of drug addiction, oneʼs next birth, if born as a human, will be a lunatic with no conscious mind. Lord
Buddha has said that the sin follows the sinner as the cartwheel follows the bull tied to the cart. There is no18
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http://www.thesundayleader.lk/archive/20060730/spotlight.htm (accessed on 29-05-2018)

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escape, whatsoever in this world or the next to the wrongdoer, who will face punishment inevitably20.
Bibliography
Statutes and Regulations
 The Ayurveda Act (Act no. 31 of 1961 as amended by Act no 5 of 1962
 Cosmetics, Devices, and Drugs Act No. 27 of 1980
 Conventions against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act No 1 of 2008
 Customs Ordinance No. 17 of 186
 The Penal Code (Ordinance no. 2 of 1983 Precursor Control Authority Regulations, Gazette
Extraordinary 1653/7 May 10th 2010
 Poisons, Opium and Dangerous Drugs Ordinance No. 17 of 1929
 Tobacco Tax Act No. 8 of 1999Tobacco Tat Act Regulations, Gazette Extraordinary 1610/28 17th
July 2009
Law Reports
 THE ATTORNEY-GENERAL v. POTTA NAUFER AND OTHERS (AMBEPITIYA MURDER
CASE) [2007] 2 Sri Lanka Law Reports 144
Books, Journals and Articles
 Dhammapada, CHAPTER I., THE TWIN-VERSES. 1st stanza, Oxford, the Clarendon Press [1881]
Vol. X of The Sacred Books of the East
 Jayasuriya DC., Med Law. 1995; 14(1-2): 37-43., PMID: 766674
 Statistical Report on drug dependants from treatment agencies (DAMS treatment report) - Volume
100 - 1st quarter 2016
 Statistical Report on drug related arrests in Sri Lanka (DAMS arrest report) - Volume 49
Web Access http://www.thesundayleader.lk/archive/20060730/spotlight.htm (accessed on 29-05-2018)
 http://www.nddcb.gov.lk/aboutus.html
 https://www.newsfirst.lk/2017/07/250000-youth-sri-lanka-addicted-drugs/ (accessed on 27-05-2018)
 https: //en. wikipedia. org/wiki/Sarath_Ambepitiya (accessed on 27-05-20180 and Supreme Court
Judgement,

Dhammapada, CHAPTER I., THE TWIN-VERSES. 1st stanza, Oxford, the Clarendon Press [1881] Vol. X of The Sacred Booksof the East “If a man speaks or acts with an evil thought, pain follows him, as the wheel follows the foot of the ox that draws thecarriage.”
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