Appakutti Arachchige Dona Anula Aththanasheeli vs The Hon. Attorney General – CA PHC APN 93/2012-2012

In the case between Appakutti Arachchige Dona Anula Aththanasheeli (Petitioner, on behalf of H.D. Sanjaya Premathileke) and the Hon. Attorney General, together with the Officer in Charge, Police Narcotics Bureau (Respondents), the court addressed the issue of whether bail should be granted to an accused charged with possession of 14.97 grams of heroin, considering prolonged remand, prosecutorial delay, and humanitarian circumstances. It was held that ongoing detention was unwarranted in view of the extensive period in remand, delay in indictment filing, and the accused’s family hardships—including both spouses being remanded and the presence of a differently-abled child requiring special care. The principle reaffirmed is that undue delay in prosecution and genuine humanitarian grounds may