Kodithuwakku Malani Padma vs. Hon. Attorney General – CA BAL/408/2023-2024

In the case between Kalinga Rangani Kaushalya (petitioner, mother of the suspect) and the Hon. Attorney General and the Officer-in-Charge, Police Station, Galle (respondents), the court addressed the issue of whether bail should be granted under section 83 of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022, considering the presence of exceptional circumstances. It was held that exceptional circumstances were established, justifying the release of the suspect on bail subject to strict conditions. The principle was reaffirmed that the existence of exceptional circumstances warrants judicial discretion to grant bail even in serious drug-related cases, particularly where weaknesses or inconsistencies in the prosecution’s evidence are revealed. This decision relied on stat