Warnakulasooriya Calista Malini Kunnga Vs. Officer – in – Charge, Police Station, Dankotuwa and others – CA PHC APN NO: 108/20-2021

In Warnakulasooriya Calista Malini Kunnga v. Officer-in-Charge, Police Station, Dankotuwa and others, the court addressed the revision of a High Court order refusing to issue notice and refusing bail to an accused person charged under the Poisons, Opium and Dangerous Drugs Act. It was held that a failure to issue notice prevented the accused from establishing “exceptional circumstances” required for bail consideration under strict drug laws. The principle established reiterates that, even under stringent statutory regimes, accused persons must be afforded a fair opportunity to present grounds for bail, particularly on the inquiry of exceptional circumstances. The judgment relied on section 364 of the Code of Criminal Procedure and supporting case law, emphasizing that extended remand perio