W.A.Chamila Sudarshani Fernando v. The Hon Attorney General and Thelpe Upananda – CA PHC APN – 67/2014-2014

In the case between W.A. Chamila Sudarshani Fernando (petitioner, on behalf of the accused) and the Hon. Attorney General, the court addressed the issue of whether bail should be granted to an accused indicted for possession and trafficking of 92.4 grams of heroin, under Section 54A(b) and 54A(c) of the Dangerous Drugs and Opium Act, as amended. It was held that the circumstances advanced—primarily the extensive remand period exceeding 7.5 years—did not qualify as “exceptional circumstances” required by Section 83 of the Dangerous Drugs and Opium Act to grant bail for such offences. The principle was reaffirmed that bail for grave drug offences is subject to a stringent threshold and can only be granted upon demonstration of extraordinary grounds. The judgment relied on statutory interpret