SUSENDRAN

VS.

ATTORNEY GENERAL AND ANOTHER

COURT OF APPEAL
WENGAPPULI, J.
ABEYRATNE, J.
CA/PHC/APN/134/2019
HC COLOMBO 7735/2015
JANUARY 23, 2020

Bail-Exceptional circumstances-Flight risk-Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 13 of 1984, sections 54A, 83(1)

The 1st accused was indicted for committing the offence of trafficking and possession of heroin, punishable under sections 54A(b) and 54A(d) of the Poisons, Opium and Dangerous Drugs Ordinance. The 2nd accused was indicted for aiding and abetting the 1st accused in the commission of the offence. Upon conviction after trial, they were sentenced to imprisonment for life by the High Court. On appeal to the Court of Appeal, the convictions were set aside and re-trial was ordered to be concluded expeditiously, and the High Court was also directed to decide on bail.

Section 83(1) of the said Ordinance enacts "No person suspected or accused of an offence under section 54A or section 54B of this Ordinance shall be released on bail, except by the High Court in exceptional circumstances."

On application for bail, it was urged that the two accused had been incarcerated for well ov