Samaraweera Arachchige Hashan Rodrego v Hon. Attorney General – CPA/83/21-2022

In the case between Samaraweera Arachchige Saman Kumara Rodrigo (on behalf of the accused Samaraweera Arachchige Hashan Rodrego) and the Hon. Attorney General, the court addressed the issue of whether the continued remand of an accused, charged with possession of heroin, without trial for nearly four years, constituted “exceptional circumstances” warranting the granting of bail under the restrictive framework of the Poison, Opium and Dangerous Drugs (Amendment) Act. It was determined that undue delay—attributable primarily to the COVID-19 pandemic and administrative impediments—amounted to “exceptional circumstances” for the purpose of bail, notwithstanding the statutory limitations. The holding reaffirmed the principle that constitutional guarantees against unjustifiable detention require