The State vs. Withana Arachchige Indika Ruwan Perera – CA BAL/273/23-2023

In the case between Mapalagama Arachchige Sunethra Sanjeewani (Petitioner, on behalf of the accused Withana Arachchige Indika Ruwan Perera) and the Attorney General/Police Narcotics Bureau (Respondents), the court addressed whether a prolonged remand period exceeding four years without a trial constitutes an “exceptional circumstance” justifying bail under the Poisons, Opium and Dangerous Drugs Act (Amendment Act No. 41 of 2022). It was held that such a delay in trial proceedings qualifies as an exceptional circumstance for granting bail, reaffirming the principle that lengthy pretrial detention should not defeat the presumption of innocence. This decision relied on statutory provisions, particularly section 83(2) of the Act, and relevant judicial precedents, emphasizing that extended pret