Kachchakaduge Sudharshani Fernando vs. The Officer-in-Charge, Police Station, Moratuwa – CA BAL/144/23-2023

In the case between Kachchakaduge Sudharshani Fernando (petitioner on behalf of Wannakawatta Waduge Nilantha Wijeya Srilal Fernando, the suspect) and The Officer-in-Charge, Police Station Moratuwa, as well as the Attorney General’s Department and related respondents, the court considered whether bail should be granted under section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022. The court determined that prolonged remand of nearly three years and delay in filing the indictment constituted exceptional circumstances justifying bail. Emphasis was placed on the necessity for exceptional grounds when considering bail for drug-related offences, as established by statutory requirements and judicial precedent, and on the importance of preventing undue delay affectin