Wewita Vidanalage Wilman vs. The Officer in Charge, Crime Division, Western Province North, Peliyagoda – CA BAL/113/23-2023

In Wewita Vidanalage Wilman v. Officer in Charge, Crime Division, Western Province North, Peliyagoda and the Attorney General, the court examined whether exceptional circumstances existed to justify granting bail under section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022. The main issue concerned the prolonged detention of the accused, Wewita Vidanalage Priyantha Jayalal alias Manju, who had been remanded for nearly five years with no trial commencement following an indictment for possession of 16.502 grams of heroin. Consideration was given to statutory language and precedents regarding what constitutes “exceptional circumstances.” It was determined that the significant delay in trial proceedings fulfilled this requirement. Bail was granted with prescribe