NANDANI

VS.

OFFICER-IN-CHARGE, POLICE STATION MARAVILA AND ANOTHER

COURT OF APPEAL
WIJESUNDERA, J.
IDDAWALA, J.
CA/PHC/APN/134/20
HC CHILAW BA/83/30
MC MARAWILA B2106/2018
JUNE 29, 2021

Poisons, Opium and Dangerous Drugs Ordinance, section 83(1)- Judicature Act, No. 2 of 1978, section 16(3)-Revision-Bail application-Locus standi-Successive applications for bail-Exceptional circumstances

The petitioner's husband had been arrested for possession of heroin and was produced before the Magistrate's Court for offences under section 54A of the Poisons, Opium and Dangerous Drugs Ordinance,

as amended. The petitioner preferred a bail application on behalf of her husband to the High Court, which was refused on the ground that no exceptional circumstances had been averred. She then filed a fresh bail application. The High Court refused to issue notice on the ground that she could have appealed against the order refusing the earlier bail application, and the subsequent bail application was an abuse of the process of court. The petitioner moved the Court of Appeal in revision to set aside the order of the High Court and to have her husband enlarged on bail. The respo