In a recent decision, the Court of Appeal ruled that once a case is referred to the Attorney General for indictment and when the Magistrate lacks the jurisdiction to release the suspect on bail, the law does not require continued remand extensions. The Court of Appeal denied bail to a suspect, who is facing charges …
In large drug cases: Once Investigation is over, law does not require 15days remand extension- CA
In a recent decision, the Court of Appeal ruled that once a case is referred to the Attorney General for indictment and when the Magistrate lacks the jurisdiction to release the suspect on bail, the law does not require continued remand extensions.
The Court of Appeal denied bail to a suspect, who is facing charges under the Poisons, Opium and Dangerous Drugs Ordinance. The suspect arrested on June 7, 2022, is accused of possessing and trafficking 690.3 grams of heroin.
Counsel who appeared for the suspect argued that firstly his prolonged remand—over two years—should be considered an exceptional circumstance for granting bail. He secondly also claimed that his detention was illegal, citing Section 120 of the Code of Criminal Procedure Act (CCPA), which requires remand extensions every fifteen days during an investigation.
However, the Court found that the substantial quantity of heroin involved and the fact that the indictment had been signed and reached the Colombo High Court indicated no undue delay in the case. As the investigation was complete and the case had been transferred to the Attorney General, the Court ruled that the remand extension requirements were met and no illegal detention occurred.
“…In the instant matter, the learned Magistrate had no jurisdiction to release the suspect on bail. As this is a case referred to the Attorney General to indict the suspect, it is obvious that the learned Magistrate cannot discharge the suspect. Therefore, the learned Magistrate could not take any step in terms of 115(2) of the Code of Criminal Procedure Act. The law requires to extend the period of remand every fifteen days until the investigations are completed and after completing investigations, no such requirement is specified in the CCPA. Hence, not extending the period of remand in fifteen days after completing the investigations is not an illegal detention. In any case, if there is an issue of illegal detention, the Supreme Court is the appropriate forum to raise it….”
CASE NO. : CA/BAL/0079/2024
BEFORE : MENAKA WIJESUNDERA J, WICKUM A. KALUARACHCHI J
