JUDGEMENT

This is an application by Rajeshkanna a/I Marimuthu (the Applicant) for a writ of habeas corpus pursuant to Article 5(1) and 5(2) of the Federal Constitution and Section 365 of the Criminal Procedure Code (Act 593)

The Applicant is presently being detained in the prison in Jalan Ayer Molek, Johor Bahru on two warrants of remand in respect of two

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charges under Section 39(B) of the Dangerous Drugs Act, 1952. Both charges are in respect of a capital offence and are non-bailable.

The application is based on the conditions of the detention in the said prison.

The Federal Constitution provides in Articles 5(1) & (2) as follows:-

5(1) "No person shall be deprived of his life or personal liberty save in accordance with law".

5(2) "Where complaint is made to a High Court or any judge there of that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and released him".

This provision encapsulates the fundamental right to personal liberty and consequently against being detained unlawfully. Section 365 of the Criminal Procedure Code (CPC) sets o