Abdul Aziz Mohamad JCA (now FCJ):

[1] As orally affirmed to us by the appellant's counsel, the appellant's action in the High Court was an action for the tort of false imprisonment.

[2] The appellant was arrested on 21 March 1987 as a result of the making of the two police reports that are set out in the judgment of my learned brother, Zulkefli Ahmad Makinudin JCA. 21 March 1987 was a Saturday and the time of the arrest was 3.15pm 22 March 1987 was a Sunday, which the learned trial judge said was an excluded day. The appellant was produced before a magistrate at 10.30am on Monday 23 March 1987 and was ordered to be remanded for two days under s 117 of the Criminal Procedure Code . On 25 March 1987 the Sessions Court President (qua magistrate) extended the remand to 29 March 1987 and on that day the appellant was released on police bail.

[3] In his written Outline of Submissions in the appeal the appellant's counsel raised three issues concerning the arrest of the appellant. For the first issue, he submitted at p. 3 that "the 1st respondent had no power at that time to arrest the appellant for an offence under s 323 of the Penal Code , which is a non-seizable offence". I shall