Loku Kodikara vs The Attorney General – CA BAL/0129/23-2023

In the case between Naotunnage Sachithra Nirmal (petitioner’s son) and the Attorney General, the court addressed the issue of whether bail under section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022 should be granted in circumstances involving allegations of trafficking and possession of heroin. The court held that an inordinate delay in the investigation constituted “exceptional circumstances” justifying the grant of bail, reaffirming the principle that the restrictive bail regime under the Act can be relaxed in truly exceptional cases. This decision relied on statutory interpretation of the Act and prior case law, emphasizing that serious delays in the administration of justice can meet the exceptional threshold necessary to justify bail in dangerous drug