Businessman Ballu Khan has withdrawn the case filed against the Commissioner of Police for his alleged illegal detention by the police.

When Khan's habeas corpus case was called this afternoon, lawyer Semi Leweniqila informed High Court Judge Justice Jocelyn Scutt that they do not wish to pursue the matter any further and are withdrawing the case.

Leweniqila said this is due to the fact that Khan has been released from hospital and charges have been laid against him.

Solicitor General Christopher Pryde then informed the court that the state will seek $20,000 in costs from Ballu Khan for the short notice of withdrawal.

Pryde said it is a reasonable amount given the short notice and Khan should be held liable for the tax dollars used in preparing the case.

Judge Scutt has adjourned the case till February 18th to make a decision on court costs before which both parties are required to have filed and served the relevant documents.