Samarathunga Lasithani Malika vs. The Officer in Charge, Police Station, Thalangama – CA BAL/210/23-2023

In the case between Samarathunga Lasithani Malika (petitioner on behalf of the accused Dulwala Ralalage Rajitha Sooriyabandara) and the Officer in Charge, Police Station, Thalangama, along with the Attorney General, the court addressed whether prolonged remand custody exceeding four years without trial constitutes “exceptional circumstances” warranting the grant of bail under section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022. The holding established that the inordinate delay in commencing trial, despite clear statutory intent to restrict bail, suffices as an exceptional circumstance to justify bail. The reasoning reaffirmed the principle that procedural delays should not undermine the rights of the accused, placing reliance on appellate precedents conce