Mala Damayanthi, Vs. OIC Police Station, Wellawaya and others – CA PHC APN 17/2014-2014

The case between Mala Damayanthi (Petitioner) and the Officer in Charge, Police Station, Wellawaya, and the Hon. Attorney General (Respondents) addressed the correctness of the High Court’s refusal to grant bail to Liyana Arachchige Thushitha Dananjaya, a suspect charged with cannabis-related offences. It was held that prolonged pre-trial detention—nearly half of the minimum statutory sentence—constituted “exceptional circumstances” sufficient to warrant bail under the applicable legal framework. The principle reaffirmed is that extended remand periods and the realistic possibility of non-custodial sentencing may justify bail, even in instances where stringent bail conditions otherwise apply. This decision was informed by statutory provisions regarding possession offences and established a