Sarukkali Kankanamge Austin vs. The Attorney General – CA BAL/0052/23-2023

In the case between the Attorney General (representing the Attorney General’s Department and the Officer in Charge, Police Narcotics Bureau) and Sarukkali Kankanamge Austin, the court addressed the legal issue of whether bail should be granted to an accused under section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022 on the basis of alleged exceptional circumstances. The court held that the accused’s application for bail lacked merit, determining that the prolonged period of remand, delays in filing the indictment, investigative complexity, and asserted medical issues did not amount to exceptional circumstances justifying bail in cases involving serious drug-related charges. The principle reaffirmed was that bail may only be granted in such cases upon clear