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2025 MarsdenLR 826

HIGH COURT MALAYA SHAH ALAM
IZZAT HAMZIE HAFIZ SHRKAWI – Appellant
Versus
TIMBALAN MENTERI DALAM NEGERI & ORS – Respondent


Petitioner Advocates:Puteri Batrisyia Abdul Latif ,Respondent Advocate: Nur Syahidah bt Mohamad Kamil

JUDGMENT

Aslam Zainuddin J:

[1] This is an application for a writ of habeas corpus by the applicant against the detention order dated 25 September 2023, made by the Deputy Home Minister under s 6(1) of the Dangerous Drugs, (Special Preventive Measures) Act 1985 ("the Act") for a period of two years. After hearing the parties, I dismissed the application for habeas corpus. My reasons are as follows.

Issues In This Case

[2] There are four main issues in this case as follows:

a) First Issue: The 27 days delay by the Investigating Officer in submitting a complete report of the investigation pursuant to s 3(3) of the Act is a procedural non-compliance;

b) Second Issue: The 26 days delay by the Inquiry Officer in submitting a complete report of the investigation pursuant to s 5(4) of the Act read together with s 54(2) of the Interpretation Act 1948 and 1967 is a procedural non¬compliance;

c) Third Issue: The Investigating Officer's failure to provide the applicant with his own statement recorded under s 4 of the Act had prejudiced the applicant's ability to properly defend his case at the Representation Hearing and is a violation of art 151(1)(a) of the Federal Constitution; and

d) Fourth Issue:


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