Nihal Fernando vs Hon. Attorney General – BAL/274/2023-2023

The case between Wattoru Thanthrige Nihal Fernando (for the suspect, Welambage Sudarshanie Nilanthi Perera) and the Hon. Attorney General & The Officer-In-Charge, Police Station, Ganemulla, addressed the issue of bail under Section 83(2) of the Poisons, Opium and Dangerous Drugs Ordinance in circumstances where the suspect faced charges involving possession of heroin over the statutory threshold amounts. The holding determined that bail may be granted upon the existence of exceptional circumstances, such as prolonged remand resulting from procedural delays and personal hardship, reaffirming the principle that the presumption of innocence must be upheld until conviction. The decision referred to the statutory framework of the Dangerous Drugs Ordinance and existing bail jurisprudence, emphas