Mary Matilda Balakrishnan vs. The Officer in Charge, Police Station, Wellampitiya – CA BAL/209/23-2023

In the case between Mary Matilda Balakrishnan (petitioner) and John Got Brisman Fernando (respondent/accused), the court addressed the issue of whether exceptional circumstances justified the grant of bail under the amended Poisons, Opium and Dangerous Drugs Act. It was held that exceptional circumstances—in the form of excessive delay in the filing of charges and lack of diligence in investigation—could warrant the release of an accused on bail, even in drug-related cases involving substantial quantities. The principle reaffirmed was that, under section 83(2) of Amendment Act No. 41 of 2022, exclusive jurisdiction to grant bail rests with the Court of Appeal in exceptional circumstances relating to narcotics offenses. The decision relied on statutory amendments, relevant case law interpre