JUDGMENT

Prasad Sandosham Abraham FCJ:

Introduction

[1] We heard and allowed this appeal on 12 April 2017. In light of the fact that our decision involved an interpretation of s 10(2) of the Prevention of Crime Act 1959 (POCA) and that there are several pending appeals revolving around the said section, when allowing the appeal we intimated to the counsel that grounds of judgment would follow and we now append our said grounds.

Material Fact

[2] The material facts of this instant case are clearly elucidated in the grounds of judgment of the learned High Court Judge.

[3] Essentially, on 5 July 2015, the respondent was arrested under s 3(1) of POCA. The respondent was then remanded pursuant to s 4(1)(a) and s 4(2) (a) of POCA so as to enable the Inquiry Officer (Nor Jamilah Shuhadah binti Tohet) to conduct an investigation pursuant to s 9 of POCA.