Nitiraj Gurroby (Appellant) v The State of Mauritius (Respondent) (Mauritius)

Case summary

Case ID

JCPC/2025/0115

Jurisdiction

Mauritius

Parties

Appellant(s)

Nitiraj Gurroby

Respondent(s)

The State of Mauritius

Issue

Did the Courts in the first, third and fourth bail hearings err in refusing to grant bail to the Appellant? Did the Court in the second bail hearing err in keeping the Appellant in detention, but granting him conditional bail if the prosecutor does not lodge formal charges within 6 months?

Facts

The Appellant was arrested on 5th May 2021 following a police raid on land he was alleged to have occupied. The police found 25.5kg of cannabis resin and 219kg of heroin buried under the soil, valued at Rs. 78 million and Rs 3.3 billion respectively. He was provisionally charged with two counts of drug dealing with the averment of trafficking, contrary to Section 41(3)(4) of the Dangerous Drugs Act. He has remained in detention since, and has made 4 applications for bail, which are the subject of this appeal. The Appellant made the first application while facing the provisional charges. The District Magistrate refused bail on 23rd March 2023. The Appellant made a second application. The Senior District Magistrate ruled, on 14th September 2023, that the Appellant should be held in detention for 6 months during which the prosecution authorities ought to bring a formal charge. But if no formal charge were made by March 2024, the Magistrate ruled that the Appellant should be released on conditional bail. On 23rd February 2024, the prosecution lodged a formal charge against the Appellant. His trial was initially scheduled for 3rd March 2025. He made a third application for bail before the Supreme Court pending his trial. On 11th September 2024, the Judge refused bail. The trial was then rescheduled for 12th January 2026. The Applicant made a fourth and final bail application which was refused on 18th June 2025. According to the Appellant, the trial date cannot be maintained due to various issues and will be postponed further. The Appellant now appeals to the Judicial Committee of the Privy Council.

Date of issue

17 November 2025

Case origin

PTA

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