Madapathage Dona Thilaka Alias Shyamali Vs. The Hon. Attorney General – CPA 132/2020-2021

In The Democratic Socialist Republic of Sri Lanka (Attorney General) v. Madapathage Dona Thilaka Alias Shyamali, the court examined whether a High Court order refusing bail under the Poisons Opium and Dangerous Drugs Ordinance should be set aside. The central question concerned whether “exceptional circumstances” existed to justify bail for an accused arrested for heroin possession, where the arresting officers were subsequently remanded for similar offences, thereby casting doubt on the prosecution’s integrity. The holding permitted bail under defined conditions, affirming that discredited prosecution evidence and extraordinary delays, such as those caused by a pandemic, may constitute sufficient grounds for bail despite statutory restrictions. The decision relied on the interpretation of