D.M.S. Dissanayake, D.M. Sunil Dissanayake and A.G. Chandrasena v. Officer-In-Charge, Police Station, Hanguranketa – sllr 1989 volume 2 page 247

In the case between Dissanayake and Others and Officer-in-Charge, Police Station, Hanguranketa, the court addressed the legality of extended remand under section 115 of the Code of Criminal Procedure Act, No. 15 of 1979. It was held that repeated remand beyond the statutory maximum of 15 days, except for offences under sections 114, 191, and 296 of the Penal Code, is not permissible. The principle reaffirmed is that remand orders must strictly comply with statutory limits, irrespective of ongoing investigations. Reference was made to Attorney-General v. Sepala Ehanayake and Pathirana v. O.I.C. Nittambuwa Police, emphasizing that protracted detention by irregular successive orders contravenes the statutory mandate. The suspects were ordered to be released on bail with certified security.

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