Section 199:

199. Fair trial – Dangerous Drugs Act – Magistrate hearing case after signing search warrant—At the trial of the appellants before the Intermediate Court, it was submitted that one of the Magistrates, who had signed the warrant authorising the search of the appellants’ premises pursuant to section 44 of the Dangerous Drugs Act 1986, should not hear the case. The trial proceeded and, on their conviction, they appealed on a number of grounds including the one referred to above. Counsel submitted that justice must be seen to be done and that there was a danger of bias on the part of the Magistrate. He argued that before signing the search warrant, the Magistrate had to be satisfied that an offence had been committed. He however found no cause for concern in the case of a Magistrate issuing a search warrant under section 30 of the District and Intermediate Courts (Criminal Jurisdiction) Act. HELD after scrutinising both Acts, there was no cause to make any differentiation. In both cases, the Magistrate before issuing a search warrant must be satisfied upon an information on oath that there is “reasonable ground for suspecting” that an offence had been committed. Jeewooth v State (1998). CON – 219 [Issue 1] The Constitution