Ranaweera Arachchilage Shanuka Madushan vs The Attorney General – CA PHC APN/0028/2023-2023

In the case between Ranaweera Arachchilage Shanuka Madushan (accused-petitioner) and the Attorney General’s Department (respondent), the court addressed the issue of whether the extended remand of the petitioner, charged with possession and trafficking of heroin, warranted bail in light of the Poisons, Opium and Dangerous Drugs Amendment Act No.41 of 2022. It was held that continued remand exceeding 33 months, absent any application for extension by the Attorney General, necessitated the grant of bail under strict conditions. The decision reaffirmed the principle that statutory safeguards against excessive pre-trial detention must be upheld, notwithstanding a petitioner’s prior criminal record. This interpretation relied on the mandatory language of the amended Act and emphasized judicial