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2019 MarsdenLR 1617
FEDERAL COURT PUTRAJAYA
VISHNU TELAGAN – Appellant
Versus
TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ORS – Respondent
[Criminal Appeal No: 05(HC)-132-05-2018(B)]
Petitioner Advocates:Sivananthan Nithyanantham,Jay Moy Wei Jiun ,Respondent Advocate: Muhammad Sinti
The detention under the Dangerous Drugs Act must adhere strictly to procedural requirements for legality; otherwise, it is deemed unlawful.
Headnote:The Court grants the appellant's application for a writ of habeas corpus citing violations of statutory requirements under the Dangerous Drugs Act. The High Court's decision is criticized for failing to establish the legality of the detention order and thus is set aside in favor of the appellant's immediate release.
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| 1. detention is based on the statutory procedure outlined in the dangerous drugs act. (Para 1 , 2) |
[1] This appeal stemmed from the decision of the High Court refusing to issue the appellant a writ of habeas corpus. We heard the appeal on 12 February 2019 and after careful consideration, unanimously allowed it.
[2] We set aside the order of the High Court, allowed the appellant's application for a writ of habeas corpus and ordered that he be released from detention with immediate effect. These are our written reasons.
