In State v Khoyratty, the Privy Council dismissed the State's appeal against the invalidation of an absolute bar on bail in specified drug cases. It upheld the Supreme Court's separation-of-powers reasoning: the constitutional amendment supporting the bar had not met the special requirements protecting the democratic state, leaving Section 32 of the Dangerous Drugs Act without valid constitutional support. The defendant faced a heroin-selling charge; the ruling concerned the wider drug-case bail framework, including cannabis offences within its scope. It restored judicial consideration of bail rather than requiring release in every case.[1]
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References
- Judicial Committee of the Privy Council — State v Khoyratty, 2006 UKPC 13, original judgment reproduced by CaseMineOriginal judgment following the site's summary; drug-case facts, Section 32, reasoning, outcome and dismissal; supplementary opinion on the absolute nature of the bar
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