Public Prosecutor v Romika bin Che Kamarulzaman & Anor

Appellant(s): Pendakwa Raya

Respondent(s):

• Romika bin Che Kamarulzaman
• Mustaffa Kamal Bin Zulkefli

Peguam Pemerhati: Badan Peguam Malaysia

• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Datuk Noorin binti Badaruddin

• The respondents were arrested on suspicion of drug offences and brought before a Magistrate for a remand application under Section 117 of the Criminal Procedure Code (CPC).
• The remand application was presented by a Sergeant Major on behalf of the assigned Investigating Officer (IO), who was not personally present.
• The High Court, exercising its revisionary powers, held that Section 117(1) CPC strictly requires the personal attendance of the assigned IO for a remand application and declared the detention unlawful.

• Whether Section 117(1) of the Criminal Procedure Code (CPC) mandates the personal appearance of the Investigating Officer (IO) assigned to a case to support a remand application.
• Whether another police officer may lawfully appear before the Magistrate to make a remand application in the IO's stead.
• Whether the High Court's strict interpretation of Section 117(1) CPC was correct in law, considering the practical implications for criminal investigations.

• The Court of Appeal held that Section 117(1) CPC does not expressly or by necessary implication require the personal attendance of the Investigating Officer (IO) for remand applications.
• The Court clarified that the statutory duty of the IO under Section 117 CPC is limited to transmitting a copy of the police diary and ensuring the accused is produced before the Magistrate, with the word "transmit" denoting sending, not personal attendance.
• The Court found that the High Court erred in its rigid interpretation, which would create impractical operational difficulties for the police force and hinder the effective administration of criminal justice, thus allowing the appeal and setting aside the High Court's decision.