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Cases

SELVA VINAYAGAM SURES v. TIMBALAN MENTERI DALAM NEGERI, MALAYSIA & ORS
Federal Court, Putrajaya
Abang Iskandar Abang Hashim CJSS, Mohd Zawawi Salleh, Vernon Ong, Zaleha Yusof, Zabariah Mohd Yusof FCJJ
[Criminal Appeal No: 05(HC)-270-11-2019(B)]
11 December 2020
[2021] 1 MLRA 83

JUDGMENT

Introduction

[1] On 22 November 2018, a detention order pursuant to s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 (Act 316) was issued by the Deputy Minister of Home Affairs directing that the appellant be detained for a period of two years with effect from 22 November 2018 at the Pusat Pemulihan Akhlak, Simpang Renggam, Johor. Section 6(1) authorises the Minister to make such order if he is satisfied that such person has been or is associated with any activity relating to the trafficking in dangerous drugs and that it is necessary in the interest of public order that such person be detained.

[2] The appellant filed an application at the High Court on 27 May 2019 for a writ of habeas corpus on the ground that the detention order was unlawful.

[3] At the High Court, the appellant's sole ground was that the respondents failed and/or refused to produce the appellant's statement which was recorded by the Investigating Police Officer ("IPO") pursuant to s 4 of Act 316. This failure and or refusal to produce the appellant's statement, submitted learned counsel for the appellant, amounted to a substantive procedural non-compliance which justified the writ of habeas corpus to be issued.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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