K.M.G. Medha Kaushalya Dias Vs. The Hon. Attorney General – CPA 52/22-2022

In the case between the Democratic Socialist Republic of Sri Lanka (Attorney General’s Department) and Amaratunga Arachchige Janitha Lasantha Perera, the court addressed the issue of whether the High Court’s refusal of bail should be set aside in view of the accused’s application for bail. The court held that, despite the statutory prohibition on granting bail for possession of more than 10 grams of heroin under the Poisons, Opium and Dangerous Drugs Act (as amended by Act No. 41 of 2022), exceptional circumstances—specifically, the accused’s critical health condition substantiated by medical evidence—justified setting aside the High Court’s order and granting bail. This decision reaffirmed the principle that statutory bars on bail may be overridden on exceptional grounds, such as substant