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Cases

ALMA NUDO ATENZA v. PP & ANOTHER APPEAL
Federal Court, Putrajaya
Richard Malanjum CJ, David Wong Dak Wah CJSS, Ramly Ali, Balia Yusof Wahi, Alizatul Khair Osman Khairuddin, Rohana Yusuf, Tengku Maimun Tuan Mat, Abang Iskandar Abang Hashim, Nallini Pathmanathan FCJJ
[Criminal Appeal Nos: 05-94-05-2017(B) & 05-193-08-2017(W)]
5 April 2019
[2019] 3 MLRA 1

JUDGMENT

Richard Malanjum CJ:

Introduction

[1] The common and central issue in the present appeals is on the constitutional validity of s 37A of the Dangerous Drugs Act 1952 ("DDA"), with reference to arts 5, 8, and 121 of the Federal Constitution ("FC").

[2] Each of the appellants in these two appeals was charged before and convicted by two different trial judges for drug trafficking under s 39B of the DDA. However, since both appeals were premised on one common and crucial issue we proceeded to hear them together while conscious of the fact that on merits these two appeals might differ. We therefore heard submissions on the common issue of these two appeals.

[3] This is a unanimous judgment of the remaining judges of the court delivered pursuant to s 78(1) of the Courts of Judicature Act 1964. Mr Justice Balia Yusof Haji Wahi has since retired on 25 March 2019.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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