Gnanasekaram Suresh Kumar vs. The Officer in Charge, Police Station, Pamunugama & The Attorney General – CA BAL/0105/23-2023

In the case between the Magistrate Court Welisara (complainant) and Gnanasekaram Suresh Kumar (accused/petitioner), the court addressed the issue of granting bail under exceptional circumstances pursuant to the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022. It was determined that prolonged remand without trial, spanning nearly three years, constituted “exceptional circumstances” sufficient to grant bail. This holding reaffirmed the principle that prolonged and unreasonable pre-trial detention in drug-related offenses, even under stringent statutory regimes, may justify bail when exceptional hardship is established. The decision relied on the amended Act as well as precedential appellate decisions, underscoring the court’s focus on the balance between statutory restricti