Subhashini Damayanthi vs The Hon. Attorney General – HC 1300/2019-2022

In the case between Subhashini Damayanthi (Petitioner) and the Hon. Attorney General (Respondent), the issue concerned whether the High Court’s refusal to grant bail should be revised on the grounds of alleged exceptional circumstances, specifically the accused’s extended remand period exceeding four years. The holding determined that protracted remand alone does not amount to an “exceptional circumstance” justifying bail, particularly considering the presence of a commercial quantity of heroin and ongoing trial proceedings. Reference was made to the Poisons, Opium and Dangerous Drugs Act, which stipulates that bail may be granted only on exceptional grounds determined case by case. The court further underscored the procedural deficit in not naming the relevant Police Station in the Petiti