High Court overturns release of vape, drug suspect
The court stated that violations under the Tobacco Control Act constitute civil, not criminal, offences.
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The High Court has ruled that the decision by the Gdh. Thinadhoo Magistrate’s Court to release a police officer accused of selling vape products and drugs was unlawful.
Police Special Constable Mohamed Sajidh Ahmed was arrested last month. According to police, a search of his residence was carried out on suspicion of possessing vape products. Authorities allege that he sold vape products to people, including minors, in Thinadhoo. Police also recovered 191.92 grammes of drugs from his home, which they said met the threshold for drug trafficking charges.
The case was taken to the High Court after the Thinadhoo Magistrate’s Court deemed Sajidh’s arrest unlawful, ruling that a search warrant could not be issued for a civil offence. The court stated that violations under the Tobacco Control Act constitute civil, not criminal, offences.
At the appeal hearing, Sajidh stated that although he attended the police swearing-in ceremony, he did not take the oath of office. The High Court found that the lower court’s order to release him was unlawful and directed police to cancel the order. The court also ordered that a decision on Sajidh’s custody be made within two days of the application date.
The High Court further highlighted the need to strengthen systems to ensure clarity on the legal implications of signing the oath and affidavit required of employees appointed to such posts.
The court noted that Sajidh’s failure to take the oath during the official ceremony did not align with the principles of justice. Justice Dheebaanaz Fahumee stated that accepting a salary without taking the required oath was improper and that such oaths must be taken with sincerity.