Katugahage Chinthaka Kumara Dias v Hon. Attorney General – CA PHC/APN 68/21-2021

In the case between The Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Katugahage Chinthaka Kumara Dias, the Court of Appeal addressed whether the High Court of Colombo’s refusal of bail was erroneous in law. The main issues considered were whether alleged absence of a prima facie case or the substantial delay in trial proceedings constituted “exceptional circumstances” warranting bail under Section 83(1) of the Poisons, Opium and Dangerous Drugs Ordinance. The court held that neither the protracted delay—attributed to administrative, witness-related, and pandemic factors—nor the arguments regarding lack of prima facie case amounted to exceptional circumstances. The High Court’s refusal of bail was sustained, with emphasis on the seriousness of th