JUDGMENT

Su Tiang Joo JC:

Query: Whether non-compliance with the Ministry of Health guidelines No 6/2002 for testing drug abuse in urine which mandates a requirement for a duplicate sample to be taken if screening and confirmation are done at two different places renders the single sample taken for screening purposes to be inadmissible as evidence when the confirmation is done at a different place.

Introduction

[1] Mohamad Fadhilah Bin Bantut (NRIC No 880417-13-5479), who was a member of the police force for 11 years, was convicted by the Magistrates' Court on 24 January 2022 for self-administration of dangerous drugs under s 15(1)(a) of the Dangerous Drugs Act (" DDA ")* and sentenced to 7 months imprisonment from the date of conviction and to undergo supervision for a period of two years by an officer as defined by s 2 of the Drugs Dependants (Treatment and Rehabilitation) Act 1983 which is reproduced here:

"....Officer means any Rehabilitation Officer appointed under s 2(2) or any police officer."

[2] He appealed against both his conviction and sentence under AA-41S(A)-1-01/2022, whereas the prosecution appealed against his sentence under AA-41H(A)-1-02/2022 on the premise that the se