The Attorney General vs. Rasange Gedara Nandawathi – CA BAL/0160/23-2023

In the case between the Attorney General and Nonis Paththini Kuttige Susantha (along with other accused persons), the court addressed whether prolonged remand exceeding four years and associated procedural delays constitute exceptional circumstances warranting the grant of bail under Section 83 (2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022. It was held that significant delay in commencing the trial, despite the indictment, satisfied the threshold for exceptional circumstances, justifying the grant of bail to the 2nd accused. This decision reaffirmed the principle that the Court of Appeal possesses exclusive jurisdiction to grant bail in serious drug-related cases only upon proof of exceptional circumstances. The judgment emphasized strict scrutiny of statutor