Colombo, Sri Lanka – 25 September 2026 – In a significant ruling that underscores the judiciary’s commitment to timely justice, the Court of Appeal today ordered the release on bail of Dasanayake Mudiyanselage Amitha Bandara Chandrasekara, a suspect in a major heroin trafficking case. The decision, delivered in the case of Hetti Arachchilage Ruwantha Kasun Ranaweera v. Officer-in-Charge Police Station, Kegalle and The Attorney General, cited “excessive and oppressive delay” in bringing the matter to trial as constituting exceptional circumstances.
Background to the Case
The suspect, Dasanayake Mudiyanselage Amitha Bandara Chandrasekara, was arrested on 19 December 2023 by officers from the Kegalle Police Station. A parcel suspected to contain Heroin (Diacetylmorphine), weighing approximately 778.260 grams, was reportedly recovered from the vehicle he was driving. Following analysis by the Government Analyst Department, a report submitted to the court on 28 March 2024 confirmed the presence of 199.8 grams of pure Heroin.
The suspect was charged under Sections 54A(d) and 54A(b) of the Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 13 of 1984. The prosecution contended that the suspect was involved in drug distribution in the Polgahawela area.
Petitioner’s Plea for Bail
The bail application was filed by Hetti Arachchilage Ruwantha Kasun Ranaweera, the suspect’s brother-in-law, who invoked the jurisdiction of the Court of Appeal for relief. The petitioner highlighted several key factors as “exceptional circumstances” warranting bail:
- The suspect had been in remand custody for nearly two years and eight months without the commencement of a trial.
- He was the sole breadwinner for his family, who were reportedly experiencing severe hardship due to his prolonged incarceration.
- The prosecution had failed to indict him even after receiving the crucial Government Analyst Report.
Court’s Deliberation and Ruling
The bench, comprising Justices P. Kumararatnam and R. P. Hettiarachchi, carefully considered the submissions. They acknowledged the seriousness of the offences under the Poisons, Opium and Dangerous Drugs Ordinance, which typically impose stringent bail conditions, particularly for quantities above ten grammes of pure dangerous drugs. However, the Court emphasized that the seriousness of the offence alone cannot be the sole ground to refuse bail, reiterating the presumption of innocence.
Drawing on legal precedents such as Nasher v. Director of Public Prosecution [2020] VSCA 144 and Ramu Thamotharampillai v. The Attorney General [2004] 3 SLR 180, the Court affirmed that “exceptional circumstances” are not statutorily defined and must be assessed on a case-by-case basis. Justice P. Kumararatnam, delivering the judgment, noted that a combination of factors, including delay and onerous custodial conditions, could establish such circumstances.
Crucially, despite the State Counsel’s submission that an indictment had been filed in the High Court of Kegalle on 28 October 2025 and pre-trial proceedings were concluded, the Court found that the trial itself had not yet commenced. The Court determined that the delay of two years and eight months in remand custody, coupled with the non-commencement of the trial, constituted an “excessive and oppressive delay,” thereby establishing the necessary exceptional grounds for bail.
The Court also considered the absence of previous or pending cases against the accused reported by the police.
Strict Bail Conditions Imposed
Given the nature of the alleged offence, the Court imposed a set of strict conditions for the suspect’s release:
- Cash bail of Rs. 100,000.
- Three sureties, each signing a bond of one million rupees, with the petitioner, Hetti Arachchilage Ruwantha Kasun Ranaweera, designated as one of the sureties.
- The suspect and sureties must reside at their given address until the conclusion of the case.
- Prohibition from directly or indirectly approaching or interfering with any prosecution witnesses.
- Surrender of the suspect’s passport (if any) and a ban on applying for any new travel documents, with the Controller of Immigration and Emigration duly informed.
- Requirement to report to the Officer-in-Charge, Police Station, Kegalle, on the second and last Sunday of every month between 9:00 AM and 1:00 PM.
The Court explicitly warned that any breach of these conditions would result in the immediate cancellation of bail. The Magistrate Court of Kegalle and the Officer-in-Charge, Police Station, Kegalle, have been directed to enforce this bail order.
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