In a notice of motion filed at the High Court here on Thursday, K Dharanee Dharan, 24, said a magistrate here has no legal authority to allow the prosecution’s application for his continued remand pending a chemist report intended for use at trial.
Dharanee has named the officer-in-charge of the Sungai Buloh prison and the magistrate as respondents.
His lawyer A Srimurugan said a case management has been fixed for Aug 6.
On April 4, Dharanee was charged in the magistrates’ court with trafficking 262.2g of cannabis, popularly known as ganja.
No plea was taken as the magistrate cannot hear the case. The offence, which carries a death penalty or 30 years’ in jail on conviction, falls exclusively within the jurisdiction of the High Court.
Since the accused was also not allowed bail, he was sent to jail as a remand prisoner.
The applicant’s father, in his affidavit in support, said his son was produced before the magistrate on June 7 and the remand was extended until Aug 8.
He also said Dharanee has been admitted to hospital for a serious ailment.
The father said he was advised by his lawyer that the magistrate has no authority under the Criminal Procedure Code, the Subordinates Courts Act 1948, the Dangerous Drugs Act 1952 or any other federal law to hold his son in custody.
He said once the charge was read to the accused, the magistrate should have immediately transferred the case to the High Court.
He added that the magistrate had no power to extend Dharanee’s remand and, as such, his continued detention is unconstitutional and an abuse of judicial power.
The father said his son should be freed immediately. - FMT
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