IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Bail under Section 83(2) of the Poisons, Opium and Dangerous Drugs Ordinance (Amendment) Act No. 41 of 2022.

Court of Appeal The Officer-in-Charge Application No: Police Narcotics Bureau CA/Bail 0074/23 Cololmbo-01.

Complainant MC Kuliyapitiya case No.

B/91931/2021 Vs.

High Court Kuliyapitiya Vas Ranga Nalaka Peiris HBA 68/21 (Now in remand)

Accused And Now Pearl Mirani Anderson No.43/1, Halpe Road, Kandana.

Petitioner Vs.

1. Hon. Attorney General Attorney General’s Department Colombo-12.

1^st Respondent

2. The Officer-in-Charge Police Narcotics Bureau Colombo-01.

2^nd Respondent Vas Ranga Nalaka Peiris (Now in remand)

Accused Now And Between Pearl Mirani Anderson No.43/1, Halpe Road, Kandana.

Petitioner-Petitioner

1. Hon. Attorney General Attorney General’s Department Colombo-12.

1st Respondent-Respondent

2. The Officer-in-Charge Police Narcotics Bureau Colombo-01.

2^nd Respondent-Respondent Vas Ranga Nalaka Peiris (Now in remand)

Accused BEFORE : Sampath B. Abayakoon, J.

P. Kumararatnam, J.

COUNSEL A.D.W.Gunawardena with Shanaka Warnakulasooriya for the Petitioner.

Kanishka Rajakaruna, SC for the Respondents.

ARGUED ON : 15/06/2023. DECIDED ON : 01/09/2023.

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BAIL ORDER P.Kumararatnam,J.

The Petitioner-Petitioner (hereinafter referred to as the Petitioner) who is the mother of the Accused filing this Application has invoked the jurisdiction of this Court to grant bail to the Accused upon suitable condition as this Court considers appropriate.

Although the Petitioner has filed a bail application before the High Court of Kuliyapitiya on 18/03/2022, she was not successful.

The Accused was arrested on 22/07/2021 for possession of 30 grams of substances suspected to be Heroin and 805.920 grams of Methamphetamine at a road block set up by the Special Task Force and produced under case bearing No. 91931/21 to the Magistrate Court of Kuliyapitiya. A scale which suspected to have been used for drug trafficking was also recovered from the Accused. After his arrest he was placed under a detention order issued by the Learned Magistrate of Kuliyapitiya.

According to the B report filed, the Accused was produced under Section 54(d) and (b) of the Poisons, Opium and Dangerous Drugs Act No. 13 of 1984 as amended and under Section 2(1) of the Convection Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act No.01 of 2008.The charge of possession of Methamphetamine is only considered to assess this bail application only.

The vehicle bearing number WP-CAY-6952 in which the Accused came was also taken in to police custody.

The production had been sent to the Government Analyst Department and after analysis, the Government Analyst had forwarded the report to Court. According to the Government Analyst, 17.15 grams of pure Heroin (Diacetylmorphine) and 850.920 grams of Methamphetamine had been detected from the substance sent for the analysis.

Although the Petitioner had filed a bail application in the High Court of Kuliyapitiya, the Learned High Court Judge had dismissed the same on the premise that the jurisdiction to grant bail is now vested with the Court of Appeal as per the amended Act No. 41 of 2022 of the Poison, Opium and Dangerous Drugs Act.

The contention of the Petitioner is that the Accused was not arrested at the road block as stated by the police. According to the Accused and his neighbours who have given affidavits, the Accused was arrested at the site of his newly constructing house at Thalawa. The Petitioner further contend that these facts have been escaped from the attention of Learned High Court of Kuliyapitiya.

The Petitioner has pleaded following exceptional circumstances in support of the Accused’s Bail Application.

1. The Suspect is in remand nearly two years without been indicted. 2. The Suspect was not arrested at the road block as stated by the police. He was arrested at his newly constructing house at Tha