IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Bail in terms of Section 83 (2) of the Poisons, Opium and Dangerous Drugs Ordinance No. 13 of 1984 as Amended Act No. 41 of 2002 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA Case No: BAL/0384/2023 HC Colombo The Democratic Socialist Republic of Case No: HC 4195/06/2023 Sri Lanka Complainant Vs Ratnayake Mudiyanselage Neranjan Dharshana Jayawardana Accused AND NOW BETWEEN Hettiyadura Chrisanthima Nirmali Fernando, No. 05, Temple Road, Mutwal, Colombo 15 Petitioner Vs

1. Officer-in-Charge Police Narcotic Bureau (PNB)

Colombo 01

2. The Hon. Attorney General, Attorney General’s Department Colombo 12 Respondents AND Ratnayake Mudiyanselage Neranjan Darshana Jayawardana Accused Before : P. Kirtisinghe J &

R. Gurusinghe J Counsel : Punarji Karunasekara, for the Petitioner Chathurangi Mahawaduge, S.C. for the Respondent Argued on : 20.09.2023 Decided on : 31.10.2023

ORDER

R. Gurusinghe J The petitioner is the wife of the accused namely, Rathnayaka Mudiyanselage Neranjan Darshana Jayawardana, in the case bearing No. HC 4195/23 in the High Court of Colombo. The petitioner filed this bail application in terms of section 83(2) of the Poisons, Opium, and Dangerous Drugs Ordinance as amended by Act No. 41 of 2022.

The accused was arrested on 09-04-2021 by the officers of the Police Narcotic Bureau Colombo at Wattala, for allegedly having in possession of 101 grams of heroin, which is an offence punishable under section 54A(d) of the Poisons, Opium, and Dangerous Drugs Ordinance as amended. According to the Government Analyst Report, the substance produced before the Government Analyst had been identified as 72.2 grams of Methamphetamine and 36.1 grams of Heroin.

The petitioner has pleaded the following facts as exceptional circumstances for consideration of the Court to grant bail:

1. The accused has been in remand for more than two years.

2. The accused is a young person who is 36 years old.

3. The accused has no previous convictions or pending cases.

4. The accused is a businessman who is engaged in the business of motorbike spare parts and the business of money lending to earn interest.

5. The accused is a married person and also a father of two minor children 14 and 8 years old respectively (Copies of birth certificates were annexed to the petition).

6. The daughter of the accused is severely suffering from Leukaemia and with deep inability to fulfil her medical needs; the entire family is in a destitute situation since the father of the ill child is in remand custody (Copies of medical reports were annexed to the petition).

7. Though the indictment was prepared on 30.07.2021, the 2^nd respondent has spent more than 01 year and 04 months to forward the same to institute the action against the accused.

The respondents have filed objections and stated that the petitioner has failed to submit any exceptional circumstances which warrant intervention in this matter.

The respondents have also submitted that considering the high quantity of heroin and methamphetamine and the gravity of the offence, there is a high probability and great likelihood of the accused absconding and /or repeating and/or getting involved over the same offence, causing and/or posing a threat to the Criminal Justice System and to the society at large.

Section 83 of the Poisons, Opium, and Dangerous Drugs Ordinance, as amended by Act No. 41 of 2022, states;

83. (1) Subject to the provisions of sections 84, 85 and subsection (2) of this section, a person suspected or accused of an offence under sections 54A and 54B of this Ordinance, shall not be released on bail by the High Court except in exceptional circumstances.

(2) Notwithstanding the provisions of sections 84 and 85, a person suspected or accused of an offence under subsection (1) of section 54A and section 54B-

(a) Of which the pure quantity of the dangerous drug, trafficked, imported, exported or pos