Thalarambage Sashika Dilhani Fernando vs. Hon. Attorney General – CA BAL/539/2023-2024

In the case between Thalarambage Jagath Shaminda Fernando (petitioner, represented by his daughter) and the Hon. Attorney General of Sri Lanka, the issue concerned the grant of bail under section 83 of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022 in a prosecution involving heroin trafficking. The application questioned whether the prolonged remand of over 63 months, significant health concerns (including acute kidney failure), and acute family hardship together constituted exceptional circumstances sufficient to warrant the grant of bail. The court determined that, taking into account all circumstances and maintaining compliance with the legislative requirements and judicial precedents governing bail in narcotics offences, bail should be granted subject to stringen