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2007 MarsdenLR 377

HIGH COURT MALAYA, SHAH ALAM
N RAMAKRISHNAN P NAGASAMY – Appellant
Versus
TIMBALAN MENTERI KESELAMATAN DALAM NEGERI MALAYSIA & ORS – Respondent


JUDGMENT

Nallini Pathmanathan JC:

Introduction

[1] Ramakrishnan a/l Nagasamy ('the detainee') was made the subject of a detention order dated 6 August 2006 ('the detention order') by the Minister charged with the responsibility for internal security ('the Minister') who acted pursuant to the powers granted to him under s. 6 of the Dangerous Drugs (Special Preventive Measures) Act 1985 ('the Act').

[2] In the application before this court, the detainee seeks an order of habeas corpus on the grounds that certain procedural requirements have been breached, which entitles him to be freed. The procedural irregularities of which the detainee complains are as follows:

(i) A breach of r. 3(1) of the Dangerous Drugs (Special Preventive Measures) (Advisory Board Procedure) Rules 1987 ('the Rules') in that there is doubt created as to whether the detainee was provided at the time of the service of the detention order with copies of Form 1 by the police officer serving the detention order;

(ii) A breach of s. 6(1) of the Act in that the Minister has failed to comply with a mandatory procedural requirement in that section requiring the Minister to specify the date when he was 'satisfied' that in t

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