MOHD NAJIB YUSOF vs TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 1220

HIGH COURT MALAYA SHAH ALAM
MOHD NAJIB YUSOF – Appellant
Versus
TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ANOR – Respondent

Table of Content
1. challenging the legality of detention. (Para 1 , 2)
2. issues surrounding compliance with procedural rules. (Para 3 , 4 , 5)
3. interpretation of constitutionality and legitimacy of the detention order. (Para 12 , 14 , 18)
4. implications of typographical errors and procedural fairness. (Para 24 , 27 , 29)
5. final determination of legality of the detention. (Para 33 , 36)

Zulkifli Bakar J:

Introduction

[1] This is an application (Enclosure 1) filed by Mohd Najib bin Yusof ("Applicant") against the Detention Order dated 30 March 2015. The Applicant prayed for the said Detention Order to be unlawful and nullified.

[2] The Applicant had been detained under s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("DDA (SPM) 1985"). The Applicant was reasonably believed to associate with activities involving the trafficking in dangerous drugs of Heroin since early year 2013 to 2 February 2015 intermittently around the areas of Telok Mas and Bukit Lintang, Melaka.

[3] Having heard from both sides, I summarized the issues as follows:-

3.1 Whether there was non-compliance of r 3(1)(b) of Dangerous Drugs (Special Preventive Measures) (Advisory Board Procedure) Rules

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2016 MarsdenLR 1220

HIGH COURT MALAYA SHAH ALAMMOHD NAJIB YUSOF – AppellantVersusTIMBALAN MENTERI DALAM NEGERI MALAYSIA & ANOR – Respondent

Cases Referred (5)

HIGH COURT MALAYA SHAH ALAM
MOHD NAJIB YUSOF – Appellant
Versus
TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ANOR – Respondent