Dissanayake Mudiyanselage Shayma vs. The Officer in Charge, Police Narcotics Bureau, et al. – CA BAL/214/23-2023

In the case between Dissanayake Mudiyanselage Ranjith Kumara (petitioner’s husband/accused) and the Officer in Charge, Police Narcotics Bureau, Attorney General’s Department, and others (respondents), the court addressed whether extended pre-trial detention and delay in filing charges constituted “exceptional circumstances” for bail under section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022. The court held that significant delay in prosecution alone did not amount to exceptional grounds for bail in cases involving grave drug charges and rejected the bail application. This determination reaffirmed the principle that the severity of narcotics offenses, the seriousness of the charges, and the substantive legislative framework preclude the grant of bail except