Ratnabarana Moolacharilage Sudath Premashantha v. The Officer in Charge, Police Narcotics Bureau, et al. – CA BAL/0107/22-2023

In the case between Ratnabarana Moolacharilage Sudath Premashantha (petitioner) and the Officer in Charge, Police Narcotics Bureau and associated State authorities (respondents), the court addressed whether exceptional circumstances—specifically, extended remand and prosecutorial delay despite available analytical evidence—warranted the grant of bail under the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022, section 83(2), in a serious heroin charge. It was held that the unexplained delay in filing charges, notwithstanding the early availability of the Government Analyst’s report, constitutes an exceptional circumstance justifying grant of bail under strict terms. The decision reaffirmed the principle that statutory restriction on bail in dangerous drugs cases may be rela