Shanthi Perera vs The Hon. Attorney General – CPA 75/21-2021

In Shanthi Perera (on behalf of Omanthage Inoka Thushari Perera, Suspect) v. The Hon. Attorney General and The Officer in Charge, Police Station, Panadura South, the court addressed the issue of whether a suspect arrested for possession of heroin under Section 54A and 54B of the Poisons, Opium and Dangerous Drugs Ordinance could be granted bail on the basis of “exceptional circumstances” under Section 83(1) of the Act. It was held that the cumulative effect of the suspect’s critical medical condition and undue delay in legal proceedings constituted exceptional circumstances for the purpose of bail. The decision reaffirmed the principle that statutory restrictions on bail under drug offences may be overridden where truly exceptional circumstances are established. This determination relied o