Maarimuththulage Nadeeka Sandamali vs The Attorney General – CA PHC APN/138-2022-2023

In the case between Maarimuththulage Nadeeka Sandamali (Suspect-Petitioner) and the Attorney General and the Officer-in-Charge, Police Station, Kadawatha, the court addressed whether prolonged remand without formal charges and prosecutorial delay constitutes exceptional circumstances justifying bail, even given the seriousness of a heroin possession offence. It was held that extensive remand without charge, excessive prosecutorial delay, and delayed Government Analyst’s reports fulfill the threshold of “exceptional circumstances” necessary to reconsider bail. The court reaffirmed the principle that the presumption of innocence and the right to trial without undue delay are vital, and withholding bail must not be punitive. The decision relied on statutory provisions of the Poisons, Opium an