Nivashan Moodley
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A Yellowwood Park man, nabbed with an estimated R1.3 million worth of cannabis, cannabis infused edibles and vapes, was granted R10,000 bail in the Durban Magistrate’s Court on Monday.
Nivashan Moodley, 40, was arrested on charges of contravening the Drugs and Drug Trafficking Act.
He was arrested following an operation conducted by members of the Provincial Organised Crime Narcotics Unit at four of his cannabis shops, Sativa Premium, situated in Montclair, Bluff, Umbilo and Amanzimtoti, as well as at a warehouse in Clairwood and his home in Yellowwood Park last Thursday.
According to the charge sheet, Moodley was found in possession of several kilograms of cannabis, and products including edibles and vapes with a total street value of R1.3million during the operation at the warehouse and his home.
Piadamoya Banda, 25, a Zimbabwean national, appeared alongside Moodley on charges of contravening the Immigration Act.
She is accused of entering or remaining in the country without a permit.
Banda, who was also arrested at the warehouse in Clairwood, was remanded into custody for verification of her status.
Some of the cannabis products seized at Moodley's home.
Image: SAPS
Calvin Govender, the prosecutor, told the court that the State opposed bail for Moodley.
The investigating officer, Sergeant DJ Perumal, of the Provincial Organised Crime Narcotics Unit gave evidence for the State in respect of bail being opposed.
He said it would be ideal in the interest of justice to give him a chance to conduct bail investigations.
“In regards to the accused’s criminal records, his fingerprints have been submitted to the LCRC (Local Criminal Record Centre), which will enable us to get results within three days. Fingerprints are an accurate proof of any previous cases.
“The other aspect is the potential of the accused to liaise with witnesses as some are his staff members,” he said.
However, Moodley’s attorney, Avir Maharaj, during cross-examination questioned Perumal on whether there was any tangible evidence that he would interfere with the witnesses.
Perumal responded that he had received information from informers that there were concerns.
In his submissions, Maharaj said in respect of his personal circumstances, Moodley was married and had two children, aged six and four.
He said Moodley was self-employed and owned a pest control company.
Maharaj said Moodley did not have any previous convictions or pending cases.
He said it was not in the interest of justice to keep the accused detained until the case is finalised.
In handing down her ruling, the magistrate said the investigating officer had ample opportunity to conduct bail investigations.
She added that the purpose of bail was to ensure an accused person attends their court appearances.
Moodley was granted R10,000 bail with conditions, including that he attend his court appearance and report to the Brighton Beach police station every Tuesday.
In addition, three of Moodley’s employees each appeared separately on charges of possession of drugs and dealing in drugs.
Nomzamo Cebekhulu, 23, who was arrested at the cannabis shop in Umbilo, was granted R1,000 bail.
During the raid, two small bottles and three small clear packets containing cannabis valued at R500, together with ready-made cannabis cigarettes, edibles, and cannabis vapes, were found.
Samkelo Mhlangu, 22, who was arrested at the cannabis store in Brighton Beach, was also granted R1,000 bail.
Police seized 277 plastic bags, 133 rolls, and 25 containers containing cannabis.
Charnel Colby Gys, 23, was arrested at the cannabis shop in Montclair and released on R1,000 bail.
Police seized various cannabis products including edibles, vapes, and capsules.
The matter was adjourned to May.