Case Summary
Appellant: Prosecutor General’s Office
Defendant: Hussain Sobah
Court: Supreme Court of the Maldives
Case no.: 2014/SC-A/18
Justice’s bench: Dr. Azmiralda Zahir, Uza. Aisha Shujune Muhammad and Uz. Mahaz Ali Zahir.
Nature of dispute: Possession of illegal drugs with the intent to sell and possession of medical drugs with the intent to sell.
Case registration date: 12 March 2014
Judgement date: 25 June 2020
Case appealed: Case no. 2013/HC-A/202 decided by the High Court of the Republic of Maldives on 30 January 2014.
Facts
The drug enforcement department received intelligence suggesting that Hussain Sobah and Mohamed Aswad were involved in the transportation of illegal drugs. As a result, the police conducted a special operation to investigate. During this operation, both individuals were stopped and searched for any suspicious substances. In the process, a key to the office of Golden Alloy Pvt Ltd, a company operated by both individuals and another party, was found in Mohamed Aswad’s shorts pocket. Subsequently, both individuals were taken to the office of Golden Alloy Pvt Ltd for a thorough search, which led to the discovery of a large rubber packet containing illegal drugs in a box. An analysis of the fingerprint on the packet showed that it matched that of Hussain Sobah’s fingerprints.
Case Timeline
Criminal Court of the Maldives (Case no.: 1309/Cr-C/2011)
As the large rubber packet of illegal drugs discovered during the search matched Hussain Sobah’s fingerprints, he was found guilty by the Criminal Court of the Maldives for possessing drugs with the intent to sell and possessing medical drugs with the intent to sell, However, the prosecution was unable to prove the charges against Mohamed Aswad.
High Court of the Republic of Maldives (Case no.: 2013/HC-A/202)
Hussain Sabah appealed the case decided by the Criminal Court of Maldives [Case no.: 1309/Cr-C/2011] to the High Court of the Republic of Maldives [Case no.: 2013/HC-A/202]. The High Court determined that the search and seizure within the office of Golden Alloy Private Limited by the police did not comply with the proper legal procedures outlined in Article 47 (b) of the Constitution of the Republic of Maldives, which states that “Residential property shall be inviolable, and shall not be entered without the consent of the resident, except to prevent immediate and serious harm to life or property, or under the express authorisation of an order of the Court.” The High Court specified that the definition of “residence” mentioned in Article 47 includes houses of people, as well as their offices and similar places. As the office was searched without the owner’s consent and without a court order, and the prosecution could not show existence of a circumstance that allows entry without a court order, the High Court ruled that the evidence obtained by the police in the office was inadmissible in Court. The High Court of the Republic of Maldives therefore acquitted Hussain Sobah of the charges.
Judgment
The Judgment of the High Court in case no.: 2013/HC-A/202 was upheld by the Supreme Court of the Maldives in case no.: 2014/SC-A/18. The Supreme Court found that the evidence obtained during the search of Golden Alloy Private Limited’s office was obtained unlawfully, as the search was in breach of Article 47 (b), and also Article 69 of the constitution, which states that, “No provision of the Constitution shall be interpreted or translated in a manner that would grant to the State or any group or person the right to engage in any activity or perform any act aimed at the destruction of the rights and freedoms set out in this Constitution.”
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