Kurukulasuriya Anton Madushantha Fernando v. Officer-in-Charge, The Police Narcotics Bureau and The Attorney General – CA PHC/APN/0122/2022-2023

In the case between Kurukulasuriya Anton Madushantha Fernando (petitioner) and the Officer-in-Charge of the Police Narcotics Bureau, Colombo-01, with the Attorney General as a respondent, the court addressed the issue of revision of an order refusing bail for an accused charged with possession of a large commercial quantity of heroin. It was held that the existence of exceptional circumstances to justify bail under the relevant statute was not established, considering the gravity of the offence, the quantity involved (513.5 grams of pure heroin), and the risk of absconding. The court reaffirmed the principle that, in matters involving serious drug offences, bail shall only be considered in truly exceptional circumstances, applying strict scrutiny to statutory exceptions and relevant preced

REF: CA PHC/APN/0122/2022-2023 Category: Tag:
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