Karunaluge Dinushaka Sanjeewa Fernando alias Chuty vs. The Officer-in-Charge Organized Crimes Prevention Division – CA BAIL/180/2023-2023

In the case between Karunaluge Dinushaka Sanjeewa Fernando alias Chuty (petitioner/accused) and the Officer-in-Charge, Organized Crimes Prevention Division, and the Attorney General (respondents/State), the court addressed bail eligibility under Section 83(2) of the Poisons, Opium and Dangerous Drugs Ordinance (as amended) for an alleged possession and trafficking of 18.256 grams of pure heroin. The issue focused on whether exceptional circumstances justified granting bail where the statute otherwise mandated stringent conditions for serious drug offences. It was held that prolonged remand exceeding four years and considerable delays in prosecution constituted exceptional circumstances warranting the grant of bail. Strict bail conditions were imposed. The legal principle reaffirmed is that