Pendakwa Raya v SANJAY KUMAR A/L SELVAKUMARU

wa-41h-10-05-2025 High Court (Mahkamah Tinggi) 11 March 2026 • WA-41H-10-05/2025 • 33 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Criminal Procedure - Road Transport Act 1987 - Sections 45A, 45B, 45C of RTA - Motor Vehicles (Breath, Blood And Urine Tests) Rules 1995 - Appeal against acquittal and discharge at the end of prosecution case at the Magistrate's Court - Whether ingredients of offence have been proved - Whether the procedures laid down in the 1995 Rules is a mandatory requirement which will affect breath specimen admissibility as evidence in trial when there is technical non-compliance with the rules, or whether it is merely discretionary where any such non-compliance is a “curable irregularity” - Non-compliance with requirements of the 1995 Rules which are to be read with the main RTA - Appeal dismissed

Practice Areas

Criminal Procedure

Judges (1)

Noor Ruwena binti Md. Nurdin Delivered

Counsel (4)

Ishrakh Saad & Co Firm Ahmad Ishrakh Bin Mohd Saad Counsel Accused Dony Abdullah Counsel Accused Faridah Nurdinie Bte Bahrum Counsel Prosecution

Parties (2)

Pendakwa Raya Appellant Sanjay Kumar a/l Selvakumaru Respondent

Statutes Cited

Federal Constitution

Police and Criminal Evidence Act 1984

s 78

Road Transport Act 1987 (Cap 333)

Cases Cited (6)

UK (3)

[1955] AC 197 [2019] 1 WLR 6533 [2019] EWCA Crim 1553

MY (3)

[2021] 9 CLJ 414 [2024] 8 CLJ 486 [2025] 10 CLJ 177

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-41h-10-05-2025)