Weerathunga Arachchige Piyasena vs. Hon. Attorney General et al. – BAL/193/2023-2023

In the case between Weerathunga Arachchige Piyasena (petitioner) and the Hon. Attorney General (respondent), the court addressed the issue of whether bail should be granted to an accused charged with possession and trafficking of a significant quantity of heroin under the Poisons, Opium and Dangerous Drugs Ordinance. It was held that exceptional circumstances, such as the petitioner’s advanced age, grave medical conditions, and clean criminal record, justified the granting of bail despite the severity of the offense. The decision reaffirmed the principle that, under Section 83(2) of the Ordinance, bail may be permitted where substantive and proven exceptional circumstances are established. This ruling emphasized the importance of balancing humanitarian considerations against public safety