Edirisinghe Mohandiram Appuhamilage Jayasankha vs. The Attorney General – CA/BAIL/0222/2023-2023

In the case between Edirisinghe Mohandiram Appuhamilage Jayasankha (petitioner/1st accused) and the Attorney General, the court addressed the issue of bail under Section 83 of the Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 41 of 2022. It was held that the petitioner failed to establish exceptional circumstances to warrant release on bail given the gravity of the offence and the risk factors associated with the alleged possession and trafficking of 1.2936 kilograms of heroin. The principle reaffirmed is that the seriousness of the offence and the quantum of drugs seized are critical considerations, and lengthy pre-trial detention alone does not amount to an exceptional circumstance justifying bail. This decision relied on statutory amendments to the Poisons, Opium an