Kanugalawattage Malith Dushyantha Perera vs The Attorney General – CA BAIL/0212/23-2023

In the case between Ilankoon Mudiyanselage Suranga Ramyalatha (Petitioner) and the Attorney General’s Department, Officer-in-Charge, Police Narcotics Bureau, Colombo-01 (Respondents), the court addressed whether prolonged remand custody and resultant hardship constitute “exceptional circumstances” justifying bail under Section 83 of the amended Poisons, Opium and Dangerous Drugs Act, involving an offence with 30.66 grams of pure Heroin. It was held that the extended remand period, exceeding five years, along with the adverse impacts on the accused’s family, were sufficient to constitute exceptional circumstances warranting bail, provided adequate safeguards and strict conditions were imposed. This holding reaffirmed that statutory restrictions on bail for serious drug offences may yield in