Mohomed Sattar Sakeer Hussain vs. The Officer-in-Charge, Police Narcotics Bureau – CA BAIL 044/2023-2023

In the case between the Petitioner (sister of the suspect Mohomed Sattar Sakeer Hussain) and the State (represented by the Officer-in-Charge of the Police Narcotics Bureau and the Attorney General), the court addressed the issue of whether exceptional circumstances existed to justify granting bail under Section 83(2) of the Poisons, Opium and Dangerous Drugs Ordinance (as amended by Act No. 41 of 2022), considering the serious nature of the drug offence and the lengthy period of remand custody. It was held that a prolonged remand period (nearly 17 months) and the conditions of custody, when weighed with the facts and legal framework, constituted exceptional circumstances sufficient to warrant bail. The principle reaffirmed is that exceptional circumstances under the applicable Ordinance de