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2006 MarsdenLR 7

HIGH COURT MALAYA SHAH ALAM
PP – Appellant
Versus
TOHA M YUSUF & ORS – Respondent


JUDGMENT

KN Segaran J:

[1] The 4 accused, herein, were produced at the Shah Alam High Court for the first time, on 6 January 2006, pursuant to an order of the Magistrate, Mahkamah Majistret, &ang made on 16 December 2005 transmitting case No. 81-80-2004, in which the 4 accused stood charged for an offence under s. 39B(1)(a) Dangerous Drugs Act 1952 . They were first produced in the magistrate's Court, charged for an offence under s. 39B(1)(a) Dangerous Drugs Act , on 7 May 2004, after having been arrested on 24 April 2004. The delay of 20 months for the case to be transmitted to the High Court has been cause of much concern to me, as it amounts to the denial of the fundamental right of accused to a speedy trial and justice. It is rather disconcerting to note that inordinate delay of this nature in the transmission of cases from the magistrate's Court in Selangor is rampant. This state of affairs must surely throw into disrepute the judiciary and call in question the current practice and procedure of magistrates in the transmission of cases, exclusively triable by the High Court under the Dangerous Drugs Act.

[2] A careful perusal of the particulars entered in the prescribed charge she

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