Rakvanage Dilip Kumara vs The Hon. Attorney General – CA PHC APN 15/2020-2021

In the case between the Officer in Charge, Police Station Bandaragama (representing the State) and Rakvanage Dilip Kumara, the issue concerned whether the refusal of bail by the High Court Judge of Panadura should be revised under Article 138 of the Constitution and Sections 364 and 404 of the Code of Criminal Procedure Act. The principal contention was whether a prolonged remand period and delays in filing the indictment, following the availability of the Government Analyst’s Report, constituted “exceptional circumstances” under the Poisons, Opium and Dangerous Drugs Act to justify granting bail. The court held that neither the remand period nor administrative delays, absent more compelling circumstances, met the statutory threshold for revision or bail in serious drug offenses. This reaf

REF: CA PHC APN 15/2020-2021 Category: Tag:
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