Rathnayake Mudiyanselage Raveen Madushanka vs. Officer in Charge, Police Station, Malimbada – CA PHC/APN/65/2021-2022

In the case between Samantha Palihawadana (Petitioner) and the Officer in Charge, Police Station, Malimbada, and the Hon. Attorney General (Respondents), the court addressed whether the continued remand of Rathnayake Mudiyanselage Raveen Madushanka for alleged possession of 6.54 grams of heroin constituted grounds for revision of the High Court’s bail refusal. The core legal issue was whether an alleged disparity in treatment between the suspect and a co-accused who was released after pleading guilty to a smaller quantity amounted to an ‘exceptional circumstance’ justifying bail under section 83(1) of the Poisons Opium and Dangerous Drugs Act. It was determined that the difference in outcome was due to the nature and quantum of the substance involved, and as such, did not constitute ‘excep