Mathupitiya Pathirajage Damith Prabhashitha Attanayake vs. The Officer-in-Charge, Police Station Wattala & The Attorney General – CA PHC APN/131-2022-2023

In the case between Dhammika Alahakoon (Petitioner) and the Officer-in-Charge, Police Station Wattala; the Attorney General; and the Learned High Court of Negombo (Respondents), the court addressed whether a protracted remand period exceeding three years and delay in filing the indictment amounted to “exceptional circumstances” justifying the grant of bail under Section 83 of the Poisons, Opium and Dangerous Drugs Act. It was determined that such a prolonged delay violated the rights of the accused, as the seriousness of the offence does not displace the presumption of innocence or sanction extended pre-trial detention when judicial processes lag. The judgment reaffirmed that exceptional delay constitutes grounds for bail, drawing on established precedents and statutory interpretation. The