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2003 MarsdenLR 1704 ; 2003 MarsdenLR 1

JEFFREY TAN
KUMARESHAN SUBRAMANIAM – Appellant
Versus
DATO CHOR CHEE HEUNG – Respondent


Advocates:
For the applicant - Gobind Singh Deo; M/s Karpal Singh & Co
For the respondents - Abdul Rani Megat Kasim; AG s Chambers

JUDGMENT

Jeffrey Tan J:

This is an application for a writ of habeas corpus, to set at liberty the applicant who is presently detained by a detention order dated 4 April 2003 and made pursuant to s. 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985(Act).

Section 6(1) of the Act provides as follows:

Whenever the Minister, after considering:

(a) the complete report of investigation submitted under subsection 3(3); and

(b) the report of the Inquiry Officer submitted under subsection 5(4)

is satisfied with respect to any person that such person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs, the Minister may, if he is satisfied that it is necessary in the interest of public order that such person be detained, by order (hereinafter referred to as a "detention order") direct that such person be detained for a period not exceeding two years.

There could be no dispute about it. Under the Act, the minister may direct that a person be detained, if he is satisfied that such person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs, and if the Minister is satisfied that

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