23 Feb 2022
NAZRI BIN MOHAMED 1. ) MENTERI DALAM NEGERI MALAYSIA 2. ) KETUA POLIS NEGARA, MALAYSIA 3. ) PENGUASA KANAN, PUSAT PEMULIHAN AKHLAK SIMPANG RENGGAM, JOHOR
- Citation
- BA-44-108-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-108-04/2021 (Mahkamah Tinggi)
The detention order failed to allege facts sufficient to establish that the applicant was a member of a 'substantial body of persons' engaged in activities involving trafficking in dangerous drugs as required by Article 149 and the DD(SPM) Act; that procedural non-compliance was fatal. The other alleged defects (investigative delay, sufficiency of reasons for arrest, alteration of Form II) were found not to be proved or not to have caused prejudice. Consequently the writ of habeas corpus was granted and the applicant ordered released immediately.