JUDGMENT

Mohd Radzi Abdul Hamid J:

Introduction

[1] This is a decision of this Court with respect to the Applicant's application in encl 1 ('Application').

[2] The Applicant seeks to: (a) determine certain questions as to the constitutionality, scope and application of the Dangerous Drugs Act (Forfeiture of Property) 1988 ('FOPA') as set out in Annexure A of encl 1; and (b) access this Court's inherent jurisdiction to quash and set aside:

(i) the charges against the Applicant under s 4(1) of the Dangerous Drugs Act (Forfeiture of Property) 1988 ('FOPA') in cases PB- 62D-399-10/2020 and PB-62D-340-10/2020 at the Butterworth Session Court ('FOPA Charges'); and

(ii) the reference/inquiry proceedings under s 32(2) of FOPA in cases PA-64FOP-22-04/2020, PA-64FOP-40-08/2020 and PA- 64FOP-67-11/2020 at the Georgetown Session Court (' Section 32 Proceedings').

[3] The FOPA Charges and s 32 Proceedings are collectively referred to as the "Session Court Proceedings".

Affidavits

[4] The Application is supported by Affidavits of Ooi Chieng Sim as in encls 2, 12 and 15.

[5] In response the Respondent filed Affidavits in Reply appearing in encls 5 (Khairul Anuar bin Abdul Halim, Deputy Public Prosecutor)