Perumbuli Arachchilage Yamuna Ruwan Kumari vs. The Officer in Charge and The Attorney General – CA BAL/0057/23-2023

In the case between Perumbuli Arachchilage Yamuna Ruwan Kumari (petitioner on behalf of the suspect Sakrapedige Nalaka Surendra Jinadasa) and the Magistrate Court Kegalle, the court addressed the issue of whether investigative delay and prolonged remand constitute “exceptional circumstances” under the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022, thereby warranting bail for a suspect in possession of a quantity of Heroin exceeding statutory limits. It was held that the combination of excessive delay in filing the indictment and the extension of remand period justified a finding of exceptional circumstances, leading to the grant of bail under strict conditions. The court reaffirmed that investigative authorities have a duty to avoid unnecessary remand and must act promp