Kumbalakara Arachchighe Sadeesa Imali vs. The Officer-in-Charge Police Narcotics Bureau – CA BAL 0108/2022-2023

In the case between Kumbalakara Arachchighe Sadeesa Imali (Petitioner) and The Officer-in-Charge, Police Narcotics Bureau, Colombo-01, and the Hon. Attorney General (Respondents), the court addressed the issue of whether exceptional circumstances existed to grant bail to a suspect under Section 83 of the Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 41 of 2022. It was held that the existence of contradictory evidence, absence of independent incriminating material, and protracted delay in filing the indictment constituted exceptional circumstances justifying bail. The holding reaffirmed that the seriousness of the charges alone does not warrant the denial of bail when a presumption of innocence persists. The decision relied on statutory interpretation and precedent, em

REF: CA BAL 0108/2022-2023 Category: Tag:
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