A remand prisoner, presently at Bogambara prison in Kandy, had complained to the Supreme Court that he had been languishing in remand custody for eight years without being charged and brought to trial.

The petitioner, Cassim Lebbe Janfer, aged 41 years of Kurunegala, had been arrested by the Kurunegala Public on June 6, 2001, for the alleged possession of a quantity of heroin. The punishment on conviction of the alleged offence is a fine not less than Rs. 15,000/- and not exceeding Rs. 50,000/- or to imprisonment of either description for a period of not less than three years and not exceeding seven years. In this case the petitioner had spent 8 years and five months in remand custody, a period much longer than the maximum sentence that can be imposed for the offence alleged to have been committed.

Although more than 8 years have lapsed since the date the petitioner was remanded, upto now the petitioner had not been charged. Every 14 days the petitioner had been brought before the Magistrate and re-remanded. The police had failed to file the charges the petitioner said.

The petitioner’s family members had died after the petitioner was remanded. Hence there was no relative to look into the petitioner’s interests.

Counsel K. Thiranagama yesterday told Court that although the police had taken the stand that the petitioner possessed 110 grammes of heroine, the actual amount possessed had been 110 milligrammes. The statement should be amended in the petition itself and moved for time to do so.

The petition will be supported for leave to proceed on December 15, 2009, after the aforesaid amendment.

Senior State Counsel Riyaz Hamza agreed to the aforesaid amendment.

The petitioner had requested Court to direct the respondent Police Officers, to effect the release of the petitioner from remand custody on reasonable terms.