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Concern over provisions on seizure of property in Drug Act even if crime is not proven

Addu Meedhoo MP Abdul Rahman. (Photo/People's Majlis)

Addu Meedhoo MP Abdul Rahman, on Monday, has expressed concern over provisions in the proposed amendment to the Drug Act allowing the state to seize the property of an individual even if the crime has not been proven.

While debating on the bill at Monday’s parliamentary sitting, Abdul Rahman described the current Drug Act as something worse than a “worn down sieve”, especially when it comes to dealing with drug and corruption.

He stressed that there was no leeway to implement law, adding law enforcement agencies are operating without such capacity and even sincerity.

“The first thing that needs to be stopped are individuals who come to reform after securing posts by distributing drugs and money and heading gangs and corruption during elections. I do not see this being resolved without policymakers coming into power without such,” he said.

Speaking further, Abdul Rahman said he cannot fathom why the proposed amendment to the Drug Act contains provisions that allow the property of an individual to be seized to the state even under circumstances where a crime has not been proven.

“What struck me most was the amendment proposed to Article 161 of the Act. Seizing the property even if the crime has not been proven. I cannot fathom there are any grounds under which an individual’s property can be seized to the state if no crime has been proven,” he said.

He further pointed to Article 151 (a) (10) of the amendment which paves way for higher chances of a vessel being seized to state even if the crime in question does not really involve the owner of the vessel.

Abdul Rahaman emphasized that this was a clear violation of Article 40 of the constitution.

Citing the proposed amendment was not a complete solution for the drug issue, he nevertheless expressed hope that further amendments to the Drug Act would provide solutions to the issue to an extent. In this trajectory, he expressed hope that it will strengthen the procedures surrounding the collection of evidence as practiced in nations such as the United States and Singapore.

However, he said what is being witnessed today is criminals walk free due to corruption. 

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