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2025 MarsdenLR 3893

HIGH COURT MALAYA KUALA LUMPUR
MUHAMMAD FARIS CHE SHAARI – Appellant
Versus
TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ORS – Respondent


Petitioner Advocates:Danial Amir,Zafran Zafri Mohd Zaini ,Respondent Advocate: Mohamad Firdaus Sadina Ali

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] On 3 May 2024 a restriction order was issued by the Deputy Minister of Home Affairs ("the Minister") under subsection 6(3) to the Dangerous Drugs (Special Preventive Measures) Act 1985 ("the Act") restricting the applicant to Mukim Selising, Jajahan Pasir Puteh, Kelantan for a period of two years ("the restriction order"). The restriction order came with certain conditions.

[2] On 12 August 2024, the applicant applied for and was granted leave to commence judicial review proceedings, in the main, for an order of certiorari to quash the restriction order and a claim for general and exemplary damages.

[3] On 18 June 2025, I dismissed the application. This judgment contains the reasons for my decision.

Background

[4] The facts reveal that the applicant was arrested under s 3(1) of the Act by an Inspector of Police on 11 March 2024. On 12 March 2024, the applicant was detained beyond 24 hours pursuant to s 3(2)(a) of the Act. On 13 March 2024, he was further detained beyond 48 hours under s 3(2)(b) of the Act. The applicant was then detained beyond 14 days pursuant to s 3(2)(c) of the Act. On 24 March, the arrest and detention were repo


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