Pattiwilage Sudeepa Malanie vs. The Headquarters Inspector, Police Station, Negombo & The Attorney General – CA BAIL 0108/2023-2023

In the case between Pattiwilage Sudeepa Malanie (Petitioner) and the Headquarters Inspector (Police Station, Negombo) and the Attorney General (Respondents), the court addressed the issue of bail eligibility under Section 83(2) of the Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 41 of 2022. The court held that the seriousness of the charge—possession of a commercial quantity of Heroin—along with the risks of absconding, precluded the grant of bail in the absence of exceptional circumstances. Arguments regarding lack of direct possession evidence and prolonged remand were found insufficient to constitute exceptional circumstances. The indictment was ordered to be sent to the High Court for expedited trial, and bail was refused. The holding reaffirmed the principle that