MC Maligakanda vs. Amugoda Kankanamage Prabath – CA BAIL 0101/2022-2022

In the case between the petitioner (wife of the suspect in MC Maligakanda Case No. B 22513/22) and the Officer-in-Charge of the Police Narcotics Bureau, Colombo-01, together with the Attorney General, the court examined whether bail should be granted under Section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022, specifically considering the severity of the charge relating to possession of a commercial quantity of Heroin (13.43 grams). The application raised the question of what may constitute “exceptional circumstances” sufficient to justify bail, including arguments based on family hardship and procedural delays, weighed against the gravity of the alleged offence and the risk of absconding. It was determined that the presented circumstances, including family