Manjari Priyanthika Wijesooriya vs The Attorney General – CA BAIL/0116/22-2023

In the case of Manjari Priyanthika Wijesooriya (Petitioner) v. Attorney General’s Department (Respondent), the court examined whether prolonged remand custody of an accused in a heroin trafficking case constituted exceptional circumstances justifying bail under Section 83 of the amended Poisons, Opium, and Dangerous Drugs Ordinance. The accused had been detained for over three years following an arrest involving 196.2 grams of pure heroin. The court found that the extended duration of pretrial detention, in conjunction with the presumption of innocence and the right to a speedy trial, warranted the finding of exceptional circumstances. Bail was granted under strict conditions, reaffirming the principle that protracted detention without commencement of trial proceedings can infringe upon fu