Mohamed Abdullah Siththi Ramsa vs The Officer-in-Charge Police Station, Modera and The Attorney General – HC/2488/2021-2023
In the case between Mohamed Abdullah Siththi Ramsa (Petitioner) and the Officer-in-Charge, Modera Police Station, and the Attorney General’s Department (Respondents), the court addressed whether an accused person detained for nearly five years on 52.141 grams of pure heroin could be granted bail under the amended Poisons, Opium and Dangerous Drugs Ordinance (Act No.41 of 2022). It was determined that the prolonged pre-trial remand and attendant custodial conditions constituted exceptional circumstances justifying bail, despite the seriousness of the charge. The findings reaffirmed the principle that continued detention is not justified merely on account of the gravity of the offense when lengthy pre-trial custody and the presumption of innocence are considered. Relevant statutes and case l

