DAYANG NUR ALIYA NATASHA BINTI AMIL HASAN SUSPEK RAHIM NOOR

DAYANG NUR ALIYA NATASHA BINTI AMIL HASAN SUSPEK RAHIM NOOR

Remand application dismissed because the applicant failed to identify or prove any immigration offence to justify detention under s.51(5)(b) and the detainee was not produced within the statutory period (detained 21 days before production), constituting procedural non-compliance with constitutional and statutory safeguards.

Citation
JD-89RE-306-05/2025 (Mahkamah Majistret)
Parties
Applicant (investigating Officer): Dayang Nur Aliya Natasha binti Amil Hasan; Respondent (detainee/suspect): Rahim Noor
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
26 May 2025
Case Number
JD-89RE-306-05/2025 (Mahkamah Majistret)
Procedural Posture
Remand Application / Decision on Remand Application in Magistrates' Court
Outcome
Remand application dismissed
Legal Topics
Remand Under S.51(5)(b) Immigration Act, Detention and Production Time Limits, Section 117 Criminal Procedure Code Remand, Section 420 Penal Code (cheating), Right to Personal Liberty (article 5)
Source Language
Malay/English
Immigration Law Criminal Procedure Constitutional Law Remand Under S.51(5)(b) Immigration Act Detention and Production Time Limits Section 117 Criminal Procedure Code Remand Section 420 Penal Code (cheating) Right to Personal Liberty (article 5)

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Parties

Dayang Nur Aliya Natasha binti Amil Hasan

Applicant (investigating Officer)

Rahim Noor

Respondent (detainee/suspect)

Procedural Posture

Remand Application / Decision on Remand Application in Magistrates' Court

Legal Issues

  1. 1 Whether an immigration offence was alleged to justify a remand under s.51(5)(b) Immigration Act
  2. 2 Whether the detainee was produced before a Magistrate within the lawful time limit (14 days for immigration detainees or 24 hours for criminal detainees)
  3. 3 Whether the correct statutory basis for remand was s.51(5)(b) Immigration Act or s.117 Criminal Procedure Code

Ratio Decidendi

Remand application dismissed because the applicant failed to identify or prove any immigration offence to justify detention under s.51(5)(b) and the detainee was not produced within the statutory period (detained 21 days before production), constituting procedural non-compliance with constitutional and statutory safeguards.

Court Disposition

Remand application dismissed

Orders

  • Remand application dismissed.
  • Reasons of judgment recorded for the court file.