Mohomed Raveek Mohomed Safwan vs The Officer-in-Charge, Crime Prevention Unit, Kurunegala Police Station – BA/106/2021-2023

In the case between Mohamed Sahideen Siththi Sahira (petitioner) and The Officer-in-Charge, Harsha Madushan (Sub-Inspector), The Attorney General, and Mohomed Raveek Mohomed Safwan (respondents), the court addressed the issue of whether prolonged remand and attendant hardships amount to “exceptional circumstances” warranting bail under Section 83(2) of the amended Poisons, Opium and Dangerous Drugs Act, in the context of serious drug-related charges. It was held that the extended period of pre-trial detention, despite the existence of evidence and indictment, constitutes an exceptional circumstance justifying the grant of bail, reaffirming the principle that seriousness of the offense alone does not preclude bail when inordinate delay and prolonged remand are present. Statutory provisions

REF: BA/106/2021-2023 Category: Tag:
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