Hettiarachchige Piyumi Lakshani Vs. The Hon. Attorney General – CPA/105/2021-2021

In Attorney General v. Cardar Masthan Kamal Rahuman and Anjani Madhushika Hettiarachchi, the court considered whether the prolonged remand of the 2nd accused, Anjani Madhushika Hettiarachchi, for nearly six years without the commencement of trial under the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 13 of 1984, constituted “exceptional circumstances” justifying bail. It was determined that an extended delay in proceeding to trial violated the constitutional rights to liberty and a fair, timely trial, and satisfied the criteria for “exceptional circumstances” required for bail in serious drug offences. Reference was made to the presumption of innocence and constitutional guarantees under the law, and the court ordered the release of the 2nd accused on bail, with the High Court to