Selladore Hashan Buddhika vs. The Attorney General – CA BAL/204/23-2023

In the case between Selladore Hashan Buddhika (Petitioner, seeking bail for the accused) and the Attorney General (representing the State as Complainant), the court addressed the issue of bail under the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022 in light of prolonged pre-trial detention exceeding four years. It was held that the significant delay in commencing trial constituted exceptional circumstances warranting the grant of bail, despite the substantive charges involving dangerous drugs (Heroin and Cannabis Sativa L). The principle reaffirmed is that, pursuant to section 83(2) of the relevant Act, bail may be considered where exceptional circumstances exist, especially in the context of extended pre-trial incarceration. The decision referenced statutory interpreta