Noorbhoy Shaheeda vs. The Officer-in-Charge, Police Narcotics Bureau, and The Attorney General – HC 288/2019-2023

In the case between Noorbhoy Shaheeda (Petitioner; 1st accused) and the Officer-in-Charge, Police Narcotics Bureau, together with the Attorney General’s Department (Respondents), the court considered whether bail should be granted under Section 83(2) of the Poisons, Opium and Dangerous Drugs (Amendment) Act No. 41 of 2022, in relation to charges of possessing a commercial quantity of heroin. The application for bail was assessed in light of the quantity of heroin seized (101.81 grams of pure heroin), prolonged remand, delays in the trial process, and questions surrounding exclusive possession. It was held that the seriousness of the offence and absence of adequate exceptional circumstances precluded the granting of bail. This determination reaffirmed the principle that bail should be refus