The Attorney General vs. Gonapinuwala Thanthrige Buddhima Sewwandi Kumari De Silva et al. – CA BAL/0159/23-2023

In the case between Irippuge Priyanga Nishamani Fernando (Petitioner, seeking bail for the 3rd accused) and The Officer in Charge, Police Narcotics Bureau and The Attorney General (Respondents), the court addressed the issue of whether bail should be granted to an accused charged with the possession of dangerous drugs in a quantity above the statutory threshold, considering the exceptional circumstances provision under the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022. It was determined that the prolonged remand period exceeding four years, without the commencement of trial, constituted exceptional circumstances warranting the exercise of bail jurisdiction. The decision was guided by section 83(2) of the aforementioned Act and prior jurisprudence affirming that exceptio