Court quashes businessperson’s 8-month detention without trial
A Johor-based businessperson succeeded in his legal challenge to overturn the 8-month preventive detention order imposed on him over alleged drug trafficking.
The Kuala Lumpur High Court today allowed the habeas corpus application by Ahmad Azhan Gelang Sebar, who had been under detention without trial...
A Johor-based businessperson succeeded in his legal challenge to overturn the 8-month preventive detention order imposed on him over alleged drug trafficking.
The Kuala Lumpur High Court today allowed the habeas corpus application by Ahmad Azhan Gelang Sebar, who had been under detention without trial since June 24, 2021.
Speaking to Malaysiakini this afternoon, the applicant’s counsel Hariharan Tara Singh said judge Roz Mawar Rozain agreed that the detention order was defective.
The lawyer said that it is because it failed to properly state the allegation against Azhan, 40, namely that he was purportedly involved in gang activities involving drug trafficking.
Hariharan said that such detention without trial, under Section 6(1) of the Dangerous Drugs (Special Preventive Measures Act) 1985 (Act 316), could only be made for suspects of gang-related drug trafficking activities.
However, the lawyer pointed out that Azhan’s preventive detention order only stated the allegation that he was involved in the trafficking of dangerous drugs, without mention of alleged involvement in a gang.
“The High Court agreed with our submissions, among others regarding the detention order (under Section 6(1)) had only stated the allegation that Azhan was involved in a one-man show (involving drug-trafficking) and not as a member of a group,” Hariharan said.
In regards to whether Azhan has been released from the Simpang Renggam detention centre after today’s court ruling, the lawyer said his client is expected to be released sometime this afternoon.
Previously on Oct 24, 2013, Azhan was detained and remanded for 22 days for suspected drug trafficking. After that detention period, the prosecution did not level any formal charge against him.
However, his assets worth millions of ringgit, which included a luxury car, expensive watches, jewellery and RM258,664 in cash, were seized by the police on Nov 12, 2013, under Section 32 (2) of the Dangerous Drugs Act (Forfeiture) 1988, while he was in remand.
On July 7, 2017, the Kuala Lumpur Sessions Court allowed his bid to compel the police to return his assets, which were auctioned off in 2015.
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