Rajapathiranalage Singithi Dedunu Perera Vs The OIC Criminal Intelligence Analysis and Prevention Division and others – CA BAL 0028/2023-2023

In the case between Rajapathiranalage Singithi Dedunu Perera (Petitioner) and Sheik Shiras Mohammed Sabrin (Accused), the court addressed the issue of whether exceptional circumstances existed under the amended Poisons, Opium and Dangerous Drugs Ordinance (Act No. 41 of 2022) to justify the grant of bail for an individual accused of serious narcotics offenses. The decision established that, despite the gravity of the charge involving the possession of heroin, the prolonged remand period exceeding 29 months, the lack of a filed indictment, and the constitutional presumption of innocence amounted to exceptional circumstances warranting the consideration of bail. The holding reaffirmed the principle that statutory restrictions on bail may be overcome when remand periods become excessive and t