Kalupanage Mangalika v. The Hon. Attorney General – CA PHC/APN 0011/23-2023

In the case between Kalupanage Wimalawath Perera (on behalf of Kalupanage Mangalika) and the Hon. Attorney General, the court addressed the validity of a High Court remand order made after bail had been granted under the previously applicable law, in view of subsequent amendments to the Poisons, Opium and Dangerous Drugs Act. It was held that the remand order based on the Amendment Act was legally erroneous since bail was granted before the amendment and all bail conditions had been fulfilled. The court reaffirmed the principle that substantive rights, such as bail granted prior to legislative amendments, cannot be retrospectively curtailed. This determination relied upon statutory interpretation, emphasizing the continuing validity of lawfully granted bail and the limits of retrospective

REF: CA PHC/APN 0011/23-2023 Category: Tag:
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