High Court Orders Release of Two Suspects in Fuvahmulah Drug Trafficking Case

The High Court has overturned the detention order for two individuals arrested on suspicion of drug trafficking and money laundering in Fuvahmulah, citing procedural errors in the initial ruling.

Ahmed Niushad, 34, and Hassan Azim, 29, both residents of Fuvahmulah, were apprehended during a major anti-drug operation conducted by police on 9 December. Authorities allege that the pair played leading roles in the operation, although several others were also arrested.

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Police investigations revealed significant financial activity linked to the suspects. Over the past five years, more than MVR 21 million had reportedly been transacted through Niushad’s bank account. Similarly, Azim’s account recorded transactions exceeding MVR 7 million over two years.

Following their arrest, the Fuvahmulah Magistrate Court ordered the duo to be held in custody until the conclusion of their trial. However, this decision was challenged in the High Court.

The High Court ruled that the Magistrate Court’s detention order was inconsistent with Article 60 of the Criminal Procedure Code, which governs the legal basis for detaining suspects. The ruling emphasised that a judge must first assess whether there is sufficient evidence to support the suspicion of a crime and then determine the weight of this evidence under two conditions: evidence rising to the level of suspicion or some evidence present, though not sufficient for full suspicion.

In Azim’s case, the court noted inconsistencies in the assessment of evidence. While the order initially stated there was sufficient evidence, it also referred elsewhere to merely “some level of evidence” supporting suspicion. Similarly, in Niushad’s case, the judge classified “some level of evidence” as equivalent to evidence meeting the threshold for suspicion.

The High Court found that this reasoning, which the state also acknowledged, contradicted the requirements set out in Article 60. The state argued that the lower court’s error was a procedural flaw that should not affect the detention ruling. However, the High Court ruled that the state failed to provide a legal basis for this argument.

As a result, the High Court nullified the Fuvahmulah Magistrate Court’s order to detain Niushad and Azim until the end of the trial, leading to their release.