IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Bail under and in terms of Section 83(2) of the Poisons, Opium and Dangerous Drugs Ordinance No. 17 of 1929 as amended by Poisons, Opium and Dangerous Drugs (Amendment) Act No.

41 of 2022.

The Officer-in-Charge, Police Station, Court of Appeal Case No. Wellawatte.

CA/BAL/0373/2024 Complainant Magistrates Court of Mount Lavinia Vs.

Case No. B 28796/24 Sadurdeen Mohamed Faris Sajiudeen.

Suspect AND NOW BETWEEN Sadurdeen Mohamed Faris Sajiudeen.

Suspect-Petitioner Vs.

1. The Officer-in-Charge, Police Station, Wellawatte.

Complainant-Respondent

2. Hon. Attorney General, Attorney General’s Department, Colombo 12. Respondent BEFORE : P. KUMARARATNAM, J.

K.M.G.H KULATUNGA, J.

COUNSEL: Saliya Pieris PC., with Lakshitha Edirisinghe and Susil Wanigapura istructed by Praveen Premathilaka for the Petitioner.

Jehan Gunasekara, SC and Tharaka Kodagoda for the Respondents.

INQUIRY ON: 06.02.2025 DECIDED ON: 27.02.2025 K.M.G.H KULATUNGA, J.

ORDER

1. This application for bail is made on behalf of the suspect Sadurdeen Mohamed Faris Sajiudeen, under Section 83(2) of the Poisons, Opium and Dangerous Drugs Ordinance. It is common ground that the suspect was arrested on 09.01.2024. According to the respondents, he was apprehended whilst walking along a road and a quantity of 932.8 grammes of cocaine had been seized from him which according to the Government Analyst’s Report dated 26.03.2024 contains 567 grammes of pure cocaine. The petitioner advances two grounds of exceptionality namely; the mode of arrest as stated by the respondents is false and secondly his serious health condition. The learned State Counsel in response submitted that the dispute as to the place of arrest is a trial issue to be determined by the trial judge on evidence. As for the health reason, it is the submission of the State Counsel that according to the report that this is not a life-threatening condition and that he can be treated and is in fact being treated in the remand hospital.

2. Further, IBs have been received by the Attorney General and the indictment had been finalized under Attorney General’s reference CR3/08/2025 and it would be dispatched within the coming week or two.

3. F or the petitioner to be successful in this application, this Court should be satisfied as to the existence of circumstance that is exceptional. For a medical ground or a health condition to be considered exceptional, the petitioner should satisfy this Court that it is a life-threatening condition and that he cannot obtain necessary medical care and attention whilst in remand. Mr. Saliya Peiris, PC., submitted that, as evident from document ‘Y’ the medical reference note, the suspect is suffering from an extremely rare skin condition known as ‘Dermis Psoriasis’ According to him, to keep this condition under control an optimum clean environment is necessary. If not this condition, is prone, to exacerbate and may become critical and life-threatening. It was also submitted that the conditions in the remand prison are far from being hygienic.

4. In response, the learned State Counsel submitted that as seen from the pleadings the suspect had been afflicted by this condition since he was 18 years and that necessary treatment is being provided by the prison hospital. In support of which she referred to document P-9A, P-9B and in particular to document P-12.

5. P-12, does confirm the peculiar health and skin condition of the suspect and in similar vein it also confirms that the suspect had received and is receiving necessary medical care and attention and also the skin condition has improved and is under control. Therefore, it is the learned State Counsel’s submission that this is far from a life-threatening condition and it has been effectively treated whilst in remand.

6. A t this juncture, it is relevant to note the following dicta of Justice Thilakawardana, in Attorney General Vs. Ediriweera Arachchige Pr