Warnakulasuriya Patabendige Inoka Priyanthi Vaas vs The Attorney General – CA BAL/0113/2022-2022

In the case between Warnakulasuriya Patabendige Inoka Priyanthi Vaas (petitioner/accused) and the High Court of Colombo along with The Attorney General’s Department (complainants), the court addressed the issue of whether exceptional circumstances existed under section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022 to grant bail to a suspect charged with possession and trafficking of Heroin. It was held that the circumstances presented by the petitioner, including prolonged incarceration and procedural delays, did not fulfill the statutory requirement for exceptional circumstances warranting bail. The principle reaffirmed was that mere delay or ongoing incarceration, absent clear exceptional factors, is insufficient to justify bail in cases involving serious