8 September 2021 09:14 am Views - 168
By Lakmal Sooriyagoda
The Court of Appeal held in a recent judgment that the prevailing COVID-19 situation in the country does not amount to an exceptional circumstance to grant bail on a suspect arrested for trafficking large loads of heroin.
In a revision application before the Court of Appeal, a businessman engaged in import of certain goods sought bail on two main exceptional circumstances that the illness of the suspect and the prevalent COVID-19 situation be considered as exceptional circumstances to enlarge on bail. Approximately, 67.765 kg of pure quantity of heroin was found within a container that had the suspect’s name as its consignee. While referring to a Court of Appeal recent judgment (CA/PHC/ APN 67/20), Justices Menaka Wijesundera and Neil Iddawala observed that the impact of the Coronavirus is applicable to all those in custody. ‘Irrespective of the placement of the individual, be it in prison or freely roaming in society, the severity of the pandemic situation puts any person with non-communicable diseases at grave danger’, the Court of Appeal judgement held.
Justice Neil Iddawala observed that ‘exceptional circumstances’ is very subjective and cannot be given a firm description. It depends and varies on the circumstances of each case.
The suspect Abdul Qadir Aboobucker is a businessman engaged in import of certain goods such as potatoes, textile, garlic and onions from Pakistan and has been operating under a Sole Proprietorship named K.I.M.S Enterprises for several years.