Lee Pey Han, 34, was held for 21 days under the Prevention of Crime Act (Poca) and a deputy public prosecutor made an application to extend the remand for another 38 days yesterday.

However, magistrate Lee Kim Keat dismissed the application and instead ordered the detainee be freed immediately.

T Harpal Singh, who represented Pey Han, said he submitted before the magistrate that there was procedural non-compliance by the police, including failing to detail the nature of the crime he was suspected to be involved in.

Harpal said he also highlighted a recent Federal Court ruling that magistrates could not be mere rubber stamps to allow police to obtain and extend remand.

“A magistrate must do an inquiry as required under the Federal Constitution and Poca before allowing a remand application,” he told FMT.

Harpal said the diary of the investigation officer during the first 21 days was also not satisfactory.

Deputy public prosecutor N Sivashangari wanted the extension to allow for a home ministry inquiry officer to record a statement from Pey Han to be submitted to the Poca board.

The statement would determine if Pey Han is to be freed or to be held in a detention centre for two years or made a restricted resident for a similar period.

However, Harpal said the extension served no purpose as Pey Han had been in close contact with an inmate who had tested positive for Covid-19 at the Melaka Tengah district police headquarters.

A virtual hearing was conducted before the magistrate with Harpal and Sivashangari making submissions from their respective offices.

Pey Han, who was detained on April 28, was allowed to follow the proceeding from his lock-up.