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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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Ex-President denies allegations of misuse in liquor license issuance

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Former President Ranil Wickremesinghe’s office denied claims of issuing liquor licenses as political bribes, stating all licenses adhered to Excise Department regulations.

The statement clarified that over Rs. 3.1 billion in revenue was generated through liquor licenses issued during his tenure and emphasized that the process was verified by the Election Commission in August 2024. It added that the current Cabinet holds authority to renew or revoke these licenses.

The response follows allegations made in Parliament by Minister Bimal Rathnayake, who claimed 361 licenses, including 172 wine store permits, were issued as political bribes to sway MPs.

A Fundamental Rights petition has also been filed in the Supreme Court, alleging the licenses were granted arbitrarily to influence the 2024 Presidential Election.

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Low-pressure area to approach Sri Lanka-Tamil Nadu coasts by tomorrow

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The Meteorology Department forecasts the low-pressure area over the southeast Bay of Bengal to move west-northwest, reaching the southwest Bay of Bengal near Sri Lanka-Tamil Nadu coasts by tomorrow (11).

Heavy showers exceeding 75mm are expected in Western and Sabaragamuwa Provinces, as well as Galle and Matara districts. Periodic rain is also predicted in the Northern, North-Central, and Eastern Provinces.

Misty conditions are likely in Central, Sabaragamuwa, Southern, Uva, Western, and North-Western Provinces during the morning.

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President wants reasons for withdrawing corruption cases

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President Anura Kumara Dissanayake yesterday urged collective dedication to transform Sri Lanka into a state with minimal corruption, which he said is essential to restore citizens’ confidence and fulfil their expectations.

The President also observed that the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) should disclose to the public the reasons for withdrawing 40 out of 69 cases filed in 2021 and 45 out of 89 cases filed in 2022.

The President also noted the performance of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), revealing that 69 cases were filed in 2021, of which 40 were later withdrawn. Similarly, in 2022, 89 cases were filed, and 45 were subsequently withdrawn.

President Dissanayake emphasised the need to inform the public about the reasons behind the withdrawal of bribery and corruption cases and to disclose why investigating officers failed to appear as witnesses in these cases.

President Dissanayake made these remarks during a ceremony held today (9) at the Bandaranaike Memorial International Conference Hall (BMICH) to mark the “International Anti-Corruption Day National Celebration – 2024.”

He emphasised that no matter how many laws are enacted or institutions are established, justice cannot be ensured to the citizens if those responsible for enforcing them fail to implement them properly.

The President also said the 2024 mandate for the new Government is a mandate given to eliminate fraud and corruption.He said in Sri Lanka, the law has been implemented much like a spider’s web-small animals become ensnared, while larger entities are able to break through and evade it and added that the public’s trust in the legal system and its institutions has been eroded, emphasising that justice delayed is justice denied.

He further highlighted that the power entrusted by the people must be utilised to serve them; otherwise, that power becomes meaningless.

This year’s International Anti-Corruption Day is being commemorated under the theme,” Uniting with Youth against Corruption: Shaping tomorrow’s Integrity.”

The President pointed out that Sri Lanka already has sufficient laws and institutions to combat bribery and corruption. However, he called for introspection, urging all to examine their conscience and question whether these mechanisms are truly being employed to prevent misconduct.

President Anura Kumara Dissanayake described corruption and bribery as a social tragedy and questioned the relevance of celebrating International Anti-Corruption Day, given Sri Lanka’s decline in rankings from 79th in the international index in 2013 to 115th in 2023.

He highlighted that corruption and fraud have worsened year by year, stressing that if tangible progress is not made in reducing these issues by next year, such celebrations would hold no real value. Highlighting that the Bribery or Corruption Commission had convicted only two constables, a Grama Niladhari, and a clerk in a single year, the President noted a widespread public perception that the law in Sri Lanka operates like a spider’s web-where small offenders get caught, while powerful individuals escape unscathed. The President stressed that rebuilding the country requires a complete overhaul of the state system, asserting that a healthy and functional state cannot be created without such reforms.

As part of these efforts, the United Nations Development Programme (UNDP), through its JURE project, has trained over 1,000 Government officials to serve as exemplary officers. President Dissanayake formally conferred appointments to 15 of these trained officials.

Secretary to the President Dr. Nandika Sanath Kumanayake, Secretary to the Prime Minister G.P. Saputhanthri, Public Security Ministry Secretary D.W.R.B. Seneviratne,Central Bank of Sri Lanka (CBSL) Governor Dr. Nandalal Weerasinghe, Acting Inspector General of Police (IGP) SDIG PriyanthaWeerasooriya, CIABOC Chairman W.M.N.P. Iddawala, Supreme Court Judge Justice Yasantha Kodagoda, ambassadors and CIABOC officials were also present.

(DailyNews)
(This story, originally published by DailyNews has not been edited by SLM staff)

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