18 Oct 2022
AA-44-34-07/2022 (Mahkamah Tinggi)
- Citation
- AA-44-34-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-44-34-07/2022 (Mahkamah Tinggi)
The court held that the 'substantial body of persons' element, being central to the object of the DDSPMA, must be read into s.3 so that arrest and each incremental detention (s.3(1), s.3(2)(a), s.3(2)(b)) are lawful only if officers possess and act on a belief that the suspect is associated with trafficking by a substantial body of persons; absence of that element at arrest and early detentions rendered the applicant's detention unlawful and entitled him to immediate release by writ of habeas corpus.