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2022 MarsdenLR 348

HIGH COURT SABAH & SARAWAK TAWAU
MUSTADZIMALUDIN MUSIMIN – Appellant
Versus
PP – Respondent


Petitioner Advocates:Kamarudin Mohmad Chinki ,Respondent Advocate: Hurman Hussain

JUDGMENT

Lim Hock Leng J:

[1] The appellant appealed against the decision of the Magistrates' Court in Lahad Datu whereby he was convicted under s 15(1)(a) of the Dangerous Drugs Act 1952 for the self-administration of amphetamine and methamphetamine, after a full trial.

[2] He also appealed against the sentence passed, viz, a term of imprisonment for 1 year and thereafter, police supervision for 2 years.

[3] The appeal against conviction and sentence was dismissed by this Court on 28 July 2022.

[4] The appellant has since appealed to the Court of Appeal, and it is now incumbent upon this Court to furnish the written grounds. The sentence has been stayed pending disposal of that appeal.

[5] The appellant's contention that 2 urine samples should have been taken from him, instead of the solitary sample - because "the MOH Guidelines stipulate two bottles are needed only if the test were to be conducted at two different places" - is unmeritorious.

[6] As a matter of fact, the appellant's sample was taken at the Lahad Datu police station toilet under the observation of Inspector Muhammad Noor Hisham Bin Mat (PW1) and 4 other police personnel who had accompanied him there. The test was then c


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