Pallewaththe Weerasinghe Gedara Mallika Wijewardhena v. The Attorney General and Others – CA BAL/0140/23-2023

In the case between Pallewaththe Weerasinghe Gedara Mallika Wijewardhena (petitioner on behalf of the 1st accused, Gonapinuwala Thanthrige Buddhima Sewwandi Kumari de Silva) and the Attorney General’s Department, with the Police Narcotics Bureau among other respondents, the court addressed the issue of granting bail in cases involving offences under the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022 where the substance quantity exceeds statutory thresholds. The court held that prolonged remand extending over four years without commencement of trial proceedings constitutes an exceptional circumstance justifying the grant of bail. This holding reaffirms the principle that delays amounting to denial of trial infringe the right to liberty and procedural fairness, even under