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Amendments allow HC to grant bail for drug quantities under 10g – CA

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In its recent judgment, the Court of Appeal has held that in accordance with the new amendments introduced to the Opium and Dangerous Drugs Ordinance, the High Court has the power to grant bail to a person, when the pure quantity of the dangerous drug is less than 10 grams.

The Court of Appeal two-judge-bench comprising Justices Sampath Abayakoon and P. Kumararatnam held that sections 84 and 85 of the Dangerous Drug Ordinance as amended by the amendment act in 2022 are sections that apply to granting of bail by the High Court when the pure quantity of the dangerous drug is less than 10 grams.

“When the pure quantity of the dangerous drug alleged to have been possessed or trafficked by a person is less than 10 grams, the relevant High Court has no option but to release such a person on bail after 12 months in custody, unless the Attorney General has acted and had obtained an order in terms of section 85 of the Ordinance as amended by the Amendment Act No. 41 of 2022,” Justice Abayakoon observed.

In this case, an accused had filed a revision application on the basis that in terms of section 83 of the Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 41 of 2022, the accused is entitled to be released on bail as the pure quantity of the drug alleged to have been in possession and trafficked amounts to less than 10 grams, namely 9.426 grams, and the maximum period a person can be kept under remand custody for having possessed such a quantity shall be 12 months in terms of section 84, which can only be extended up to a total period of 24 months in terms of section 85.

The Attorney General at the High Court had objected to the application for bail on the basis that since in terms of the Amendment Act No. 41 of 2022, a person who had in his possession more than 5 grams of Heroin can be sentenced to death, the High Court has no jurisdiction to grant bail.

However, taking into consideration the legal provisions following the new amendments, the Court of Appeal decided to set aside the High Court order and granted bail to the accused. The Court granted bail on the accused as the alleged pure quantity of the dangerous drug possessed and trafficked by the accused in the case under consideration was 9.426 grams of Heroin, and he had been in remand custody from the date of his arrest on October 16, 2019, and he has not been tried, convicted and sentenced.

(Dailymirror.lk)

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Vesak week commences tomorrow

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The National Vesak Week will commence tomorrow (May 09), under this year’s theme of “Let’s associate with noble people with good qualities.”

According to the secretary to the Ministry of Buddha Sasana, Religious and Cultural Affairs, W.P. Senadheera said that it will continue until May 16.

The official inauguration ceremony will take place tomorrow at the Nuwara Eliya Buddhist Center, under the patronage of President Anura Kumara Dissanayake.

Sri Lanka Railways has announced special train services during the Vesak week and the long weekend.

Meanhwile, the Ministry of Public Administration has ordered the closure of slaughterhouses, meat vendors, casinos, and clubs nationwide from May 12 – 14 May for the state Vesak Festival. 

A circular issued on April 29 instructs all relevant businesses to comply during the period.

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79 shooting incidents in last 7 months

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79 shooting incidents have been taken place in Sri Lanka over the past 07 months, resulting in 52 deaths and 260 arrests, Public Security Minister Ananda Wijepala told Parliament today (May 09).

The shootings had occurred in the 07 months from September 21, 2024 until May 08, 2025. 

According to the minister, the shootings had left 35 injured as well.

62 of the incidents were linked to organized criminal gangs, while 17 were classified as other types of shootings, he added.

Of the 260 arrested, 229 were connected directly to organized crime, the minister further noted.

Minister Wijepala said the government has taken high-level decisions in this regard, and that it is unacceptable to claim that there has been a serious increase in shootings since the NPP government came to power.

“When we study these shootings, we will not see a significant increase from 2022, 2023, or 2024. But we do not trivialise any shooting. We treat every human life with value. Therefore, we have taken the highest decisions we can take as a government to suppress the underworld,” he emphasised.

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Teacher accused of molesting Kotahena schoolgirl sent on compulsory leave

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The Ministry of Education says that the teacher allegedly involved in the incident of molesting the schoolgirl from Kotahena has been sent on compulsory leave after receiving a police ‘B report’. 

The Secretary to the Education Ministry, Nalaka Kaluwewa, states that steps have also been taken to hold an internal inquiry into the incident.

Accordingly, the teacher involved in the incident will be placed on compulsory leave in accordance with Section 27:9 of Chapter XLVIII, Part II of the Establishments Code.

The Ministry also states that a preliminary investigation into the incident is currently underway, and that formal disciplinary action will be taken as soon as the report is received.

Furthermore, the Ministry has launched an internal investigation to determine whether any parties neglected their duties and responsibilities in connection with the entire incident.

On May 08, a group of parents and students staged a protest opposite the school in Bambalapitiya alleging that a teacher had sexually assaulted the student, which led to the girl’s death by suicide.

In this regard, the Ministry of Education had called for an explanation from the school’s principal.

In a previous statement, the Ministry had said that the teacher in question was transferred, and disciplinary action will be taken based on the investigations conducted by the police.

On the same day, Minister of Women and Child Affairs, Saroja Savithri Paulraj, stated that she had requested the parents of the Grade 10 student—who reportedly died by suicide following the alleged sexual assault by a teacher—to file a formal complaint with the National Child Protection Authority (NCPA). However, she noted that the complaint had not been filed as of yet.

The Minister’s comments came in response to allegations made by MP Mano Ganesan, who questioned whether government action had been delayed because the owner of the tuition center—where the student was allegedly verbally abused again after the incident—is affiliated with the National People’s Power (NPP).

(adaderana.lk)

(Except for the headline, this story, originally published by adaderana.lk has not been edited by SLM staff)

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