Don Thushara Dhanushka Athapattu vs Hon. Attorney General – CPA 22/2021-2021

In The Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) v. Don Thushara Dhanushka Athapattu, the court addressed the issue of whether bail should be granted to an accused charged under the Poisons, Opium and Dangerous Drugs Ordinance for alleged possession of 27.75 grams of heroin. It was held that the grounds advanced, including mental illness, parity with the co-accused, prolonged remand, and the pandemic, did not cumulatively or individually amount to “exceptional circumstances” as required by section 83(1) of the Ordinance. The principle reaffirmed was that exceptional reasons must be clearly established and cannot be presumed from general considerations or circumstances common to all accused. The court’s decision relied on statutory standards under