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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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New SL ambassador to China assumes duties

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The Ambassador-designate of Sri Lanka to the People’s Republic of China – Majintha Jayesinghe had assumed duties yesterday (May 20).

The post of the Sri Lankan ambassador to China was vacant for several months after the tenure of Dr. Palitha Kohona ended.

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Heavy showers today as well

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The Department of Meteorology says the Southwest monsoon conditions are gradually establishing over the island and hence, the prevailing showery and windy conditions will continue. 

Cloudy skies can be expected over most parts of the island.

Showers or thundershowers will occur at times in Western, Sabaragamuwa, Central and North-western provinces and in Galle and Matara districts.

Heavy showers above 100mm are likely at some places in Western, Sabaragamuwa and North-western provinces and in Galle, Matara, Kandy and Nuwara-Eliya districts.

Several spells of showers will also occur in the Northern and North-central provinces, it said.

Strong winds of about 40-50 kmph can be expected at times over the island.

General public is kindly requested to take adequate precautions to minimize damages caused by temporary localized strong winds and lightning during thundershowers.

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SL – Indonesia pledge stronger bilateral ties

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In a significant bilateral meeting during the 10th World Water Summit, President Ranil Wickremesinghe and Indonesian President Joko Widodo reaffirmed their commitment to strengthening the longstanding relationship between their nations. The discussions, which covered a wide range of regional and international issues, underscored the importance of collaboration in addressing global challenges.

President Wickremesinghe, in his opening remarks, highlighted the historical ties between Sri Lanka and Indonesia, dating back to their joint participation in the 1956 Bandung Conference. He expressed appreciation for President Widodo’s leadership in regional, international, and bilateral matters, noting the importance of such summits in fostering global cooperation.

A major topic of discussion was the critical issue of water management. President Wickremesinghe emphasized the importance of the World Water Summit and expressed Sri Lanka’s willingness to participate in the Global Blended Financial Alliance, an initiative aimed at addressing common financial challenges faced by countries in managing water resources. He commended Indonesia for establishing a Secretariat for the Alliance, recognizing its significance for Sri Lanka.

President Widodo, in his remarks, focused on the economic cooperation between the two countries. He stressed the need to finalize the Preferential Trade Agreement (PTA) by the first quarter of 2025 to enhance economic ties. Additionally, he highlighted Indonesia’s interest in entering the Sri Lankan vaccine market through Indonesian pharmaceutical companies, and called for the lifting of import restrictions on Indonesian palm oil and related products.

The Indonesian President also showcased Indonesia’s advancements in renewable energy, specifically the country’s largest floating solar power project. He emphasized the importance of hydro diplomacy and political leadership in achieving sustainable water management and development goals. Furthermore, he welcomed Sri Lanka’s leadership in the Indian Ocean Rim Association and its aspirations to become a sectoral dialogue partner.

President Wickremesinghe reiterated the importance of completing the PTA by early 2025, noting Sri Lanka’s existing free trade agreements with India, Singapore, and ongoing negotiations with Thailand, Bangladesh, and Malaysia. He emphasized the potential benefits of joining the Regional Comprehensive Economic Partnership (RCEP), suggesting that Sri Lanka’s inclusion could encourage other South Asian countries to follow suit. 

He also mentioned the ongoing removal of import restrictions and assured that Sri Lankan health authorities would address the entry of Indonesian pharmaceuticals into the market.

The discussion also touched upon regional security and economic cooperation in the Indian Ocean. President Wickremesinghe supported ASEAN’s Indo-Pacific outlook and stressed the need for closer bilateral and regional cooperation regarding Indian Ocean affairs. He proposed more frequent meetings between heads of government and a specific bilateral agreement with Indonesia to enhance commercial collaboration in the region.

President Widodo thanked Sri Lanka for co-sponsoring the Global Blended Financial Alliance, emphasizing its role in achieving sustainable development goals. He called for continued collaboration between relevant ministries from both countries to support this initiative. Looking ahead, President Widodo mentioned the upcoming presidential transition in Indonesia and expressed hope that the new administration would continue to strengthen ties with Sri Lanka.

In conclusion, President Wickremesinghe expressed his eagerness to work with Indonesia’s new leadership and extended a personal invitation to President Widodo to visit Sri Lanka after his term ends in October. Both leaders reaffirmed their commitment to enhancing bilateral relations and addressing shared global challenges through continued cooperation.

(President’s Media Division)

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