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The High Court has ruled that Shariatpur’s Moti Matbar, who was sentenced to five years in a drug case, should be sent home instead of being sent to jail.
A single High Court bench headed by Judge Zafar Ahmed rendered the verdict on Sunday. This is the first judgment in the history of Bangladesh in the High Court under the Special Entry Act. The court rejected the defendant’s request for review by accepting the request presented by him seeking the opportunity to render the verdict.
Moti Matbar has to take care of her 75-year-old mother. The girl who studies in the tenth class and the boy who studies in the second class must continue their education. He cannot marry a girl before the age prescribed by law.
Lawyer Mohammad Shishir Monir appeared before the defendant in court. He told The Daily Star about the court order.
“This order is groundbreaking and unprecedented in the country’s judiciary,” he said.
“The inmate must meet the three conditions mentioned when entering the department of social services for a year and a half,” he added.
He said: ‘Under the Narcotics Control Act, the defendant Moti Matbar was sentenced to five years in the High Court and the defendant’s sentence was upheld. The Dhaka District Probation Officer was present in court today. Azizur Rahman Masud. Immediately after the order, the defendant was immediately placed under his care. The court also ruled that his entry would be canceled if he violated the conditions.
According to the details of the case, a case was filed against Moti Matbar and another defendant on November 23, 2015 at the Kotwali Police Station in Dhaka for recovering 411 pieces and 800 pieces of yaba. The police presented the charge sheet on November 24, 2015 after investigating the accused. In this case, on January 8, 2016, the Joint Metropolitan Court of First Instance sentenced the defendant to five years in rigorous prison and a fine of 20,000 taka. Moti Matbar was imprisoned for 20 months after his arrest on November 23, 2015. On July 9, 2016, the High Court granted him bail.
A criminal appeal was filed in the Metropolitan Court of Sessions against the verdict of the Judicial Court. On May 11, 2016, the Metropolitan Additional Sessions Judge confirmed the judgment of the Judicial Court on the appeal hearing. The defendant Moti Matbar subsequently presented the case for review in the Superior Court Chamber on July 1, 2016.
Attorney Shishir Monir said that during the review hearing, a petition was filed on behalf of the defendant in the case under Section 5 of the Parole Ordinance of 1980.
The lawyer said: “Since this is his first crime and he has no history of being involved in any other crime, there is no information that he will commit any crime in the future.” That’s why you may have a shot at parole law. Following the hearing of the request, the Association for Criminal Correction and Rehabilitation, Dhaka, ordered to open the bank account and TIN number in the defendant’s name within 10 days of October 6 this year. The Dhaka District Probation Officer informed the High Court on October 21 of the actions taken in light of this order. Subsequently, the court ordered another report (antisident report) on the accused. According to the order, the probation officer submitted the report on November 2. The report made positive comments about the character of the accused.
