Suffian LP:

On 26 December 1974, at about 11.30 a.m. an armed robbery was committed by certain persons at the office of the Kubang Pasu Transport Co. at Jalan Tunku Ibrahim at Alor Star. Apparently the Police had advance information, of the robbery and they were lying in ambush near the scene. Soon after the robbery had started they exchanged fire with the robbers, during which one of the robbers was shot dead and another injured and captured. Later the same day Inspector Amiruddin arrested Ooi Chooi Toh aged 25 on suspicion of having been the person who stood guard downstairs during the robbery. He was arrested about 50 yards from the scene of the crime.

The 26 December was a Thursday, a half day in Kedah, while Friday the 27 was the usual weekly holiday. On the first working day after that Kedah weekend Saturday 28 December, the Inspector produced Ooi before a magistrate and applied under s. 117 of the Criminal Procedure Code for authority to detain Ooi in policy custody for a week until 3 January 1975. The magistrate was satisfied that police investigation could not be completed within 24 hours and granted the application.

Ooi's father the applicant (appellant before