Galhenage Mangalika Priyanthi vs Hon. Attorney General – BAL/247/23-2023

In Galhenage Mangalika Priyanthi v. Hon. Attorney General & Others, the court addressed whether the second suspect, accused of possessing a commercial quantity of heroin and firearms, is entitled to bail under Section 83(2) of the Poisons, Opium, and Dangerous Drugs Ordinance (as amended by Act No. 41 of 2022) despite extended pretrial detention. It was held that, in cases involving commercial quantities of dangerous drugs, statutory limitations on remand duration set out in Sections 84 and 85 do not override the mandatory custody required under Section 83(2) unless exceptional circumstances are established. The principle reaffirmed is that custody must continue pending trial in such cases absent exceptional circumstances, as supported by prevailing statutes and relied upon precedents, inc