Malawiarachchige Samantha Nandana Kumara vs. The Hon. Attorney General – CA CPA/47/2022-2022

In the case between the Democratic Socialist Republic of Sri Lanka (represented by the Attorney General’s Department) and Malawiarachchige Samantha Nandana Kumara, the court addressed the issue of whether the prior High Court refusal of bail should be set aside under the Poisons, Opium and Dangerous Drugs Act, as amended. It was held that continued remand exceeding 24 months for an accused held for possession of less than five grams of heroin contravenes sections 84 and 85 of Act No. 41 of 2022. Emphasis was placed on the statutory protection against prolonged remand, leading to the conclusion that the High Court order must be set aside and bail be granted on appropriate conditions. This decision reinforced the principle that remand should not exceed the period prescribed by statute, parti