Supreme Court of Mauritius, 23 juin 2020, 2020 MOK 2 – SANS SOUCI Y v POLICE

SANS SOUCI Y v POLICE

2020 MOK 2

Cause No: 579/20

THE DISTRICT COURT OF MOKA

In the matter of: Yoan Winley Sans Souci Applicant v

Police Respondent RULING

The applicant is provisionally charged with drug dealing contrary to section 30 of the Dangerous Drugs Act. He has applied to be released on bail, but the respondent has objected to his request on the ground that he will commit other offences. He was legally assisted by Mr Seewooram of Counsel during the hearing.

In support of the case for the respondent, the enquiring officer has explained that the applicant was found in possession of 7.59 grams of cannabis valued at MUR 4,542 on 18 June 2020 when he proposed to sell the drugs to an undercover police officer. In addition, he has mentioned that the applicant has admitted the charge.

I note that the enquiring officer has asserted that the applicant will commit similar offences as drug dealing is a lucrative business. I also note that the applicant appears to be unemployed and has to cater for a child which means that he might be even more tempted to pursue this illegal activity. On the other side of the scale, he does not have any previous conviction for drug dealing, and he has not committed the present offence after having been admitted to bail.

In the circumstances, there is a reasonable risk that the applicant will commit other offences. I consider, however that the imposition of a reasonable surety will ensure that suck risk is maintained at a negligible level.

I accordingly release the applicant on bail on the condition that he furnishes a surety in the sum of MUR 25,000 in cash, and enters into a recognisance in the sum of MUR 50,000.

Navish Jheelan

Senior District Magistrate 23 June 2020