Colombo, 01 October 2026 – The Court of Appeal of Sri Lanka today delivered a significant order, granting bail to Jayaweerage Gayan Sanjeewa, the first suspect in a case involving the possession of a substantial quantity of Methamphetamine. The ruling comes after Sanjeewa had spent over 20 months in remand custody without charges being filed, raising concerns about fundamental human rights and the presumption of innocence.
The judgment, delivered by Justice P. Kumararatnam and Justice R.P. Hettiarachchi, highlights the complex considerations involved in granting bail for serious drug offences under amended legislation, particularly the “exceptional circumstances” clause within the Poisons, Opium and Dangerous Drugs Ordinance.
Background of the Case
Jayaweerage Gayan Sanjeewa, identified as the 1st Suspect in Gangodawila Magistrate Court Case No. B/40339/24, was initially arrested on 05 December 2024. According to a report by the Police Narcotics Bureau (PNB), he was apprehended for possessing 604 grams (gross) of Methamphetamine. A subsequent search of his residence led to the recovery of 92 grams of Kush, resulting in the arrest of a 3rd suspect, his brother-in-law.
Sanjeewa and others were produced before the Colombo Magistrate under Section 54A (d) and (b) of the Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 13 of 1984. They were subsequently placed under a detention order to facilitate further investigations by the PNB. The Government Analyst Report later confirmed the pure quantity of Methamphetamine detected from Sanjeewa’s possession to be 465.3 grams.
Petitioner’s Arguments and Legal Framework
Counsel Sandeepani Wijesooriya, appearing for the Petitioner with Akila Jayasundara, argued that Sanjeewa’s continued detention for over 20 months without formal charges constituted a clear violation of his human rights and the presumption of innocence guaranteed under Article 13(5) of the Constitution. The petitioner pleaded for bail based on several “exceptional circumstances,” including:
- The non-existence of a prima facie case against him.
- The improbability of the prosecution’s version of events.
- The prolonged period of remand custody, exceeding 20 months.
The State Counsel, Wishwa Wijesuriya, representing the Respondents (OIC Police Narcotics Bureau and the Attorney General), opposed the bail application, citing Sanjeewa’s three previous convictions for possession of Cannabis and Methamphetamine, including one instance where he was produced before the Nugegoda Magistrate for possessing 205 grams of Methamphetamine.
The legal provisions governing bail in such cases are outlined in Section 83 of the Poisons, Opium and Dangerous Drugs Act, as amended by Act No. 41 of 2022. This section stipulates that individuals accused of offences under Section 54A and 54B, particularly those involving a pure quantity of 10 grammes or above of dangerous drugs punishable with death or life imprisonment, shall not be released on bail “except by the Court of Appeal in exceptional circumstances.” The Court noted that “exceptional circumstances” are not statutorily defined and must be considered on a case-by-case basis, as affirmed in Ramu Thamodarampillai v. The Attorney General [2004] 3 SLR 180.
Court’s Decision and Strict Bail Conditions
After hearing arguments from both sides on 27 July 2026, the Court of Appeal, in its order dated 01 October 2026, took into account the significant pure quantity of Methamphetamine detected (465.3 grams), the extensive period Sanjeewa had spent in remand, the non-commencement of the trial, and the fact that investigation notes had not yet been received by the Attorney General’s Department. Considering these factors, the Court deemed it an “appropriate case to grant bail” to the suspect pending trial.
The bail was granted under a series of strict conditions:
- A cash bail of Rs. 200,000.
- Provision of three sureties, each signing a bond of Rs. 1 million.
- The Petitioner and sureties must reside at the given address until the conclusion of the case.
- Prohibition from approaching or interfering with any prosecution witnesses, directly or indirectly.
- Surrender of any passport to the court and a ban on applying for new travel documents. The Controller of Immigration and Emigration has been informed of this travel ban.
- Requirement to report to the Officer-in-Charge, Police Narcotics Bureau, Colombo-01, on the last Sunday of every month between 9 am and 1 pm.
- A clear warning that any breach of these conditions would result in the cancellation of bail.
The Court of Appeal has directed the Magistrate Court of Gangodawila to enlarge the Petitioner on bail in accordance with these conditions and has instructed its Registrar to send the Bail Order to the Gangodawila Magistrate Court and the OIC, Police Narcotics Bureau, Colombo-01.
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