Kavitha Divyanjali vs The Officer-in-Charge and The Attorney General – CA BAIL 0202/2023-2023

In the case between Kavitha Divyanjali (petitioner) and the Officer-in-Charge of the Police Station, Attorney General’s Department, and Sekar Udaya Kumar (respondents), the issue concerned whether exceptional circumstances existed under the amended Poisons, Opium and Dangerous Drugs Act (Act No. 41 of 2022) to justify the granting of bail to a suspect charged with possession of a commercial quantity of heroin (10.49 grams). It was held that the evidence, including the Government Analyst’s report and the existence of previous convictions and pending cases, indicated a serious offense and significant risk factors. The application of statutory requirements for exceptional circumstances was reaffirmed, with reference to the stringent approach established by law regarding bail in serious drug-r