It had to do so because the trial judge who had imposed the sentence had been made a deputy public prosecutor (DPP) and did not have the right to pass the sentence in 2016.

Today, Kuljit Singh pleaded guilty instead to possession of drugs under Section 12 (2) of the DDA which only allows for a maximum five years jail term.

The court imposed the maximum five years jail but the three-member bench ordered him to be released immediately as he has already served five years and two months.

In 2019, Kuljit was sentenced to 10 years jail and ordered to be whipped 12 times under Section 39A (2) of the DDA for possessing 6.3gm of heroin and monoacetylmorphine outside a condominium in Paya Terubong, Penang on Oct 18, 2016.

Kuljit, who was a student in a college with dreams of being a model at that time, has been in remand since.

In the appeal, his counsel A Srimurugan submitted that the sessions court judge had had no jurisdiction to hear and decide on Kuljit’s fate.

He said the judge (from the judicial service ) was transferred to the legal service and appointed as deputy public prosecutor (DPP)

Srimurugan said he could no longer preside over the case when he was a DPP as one “could not wear different hats as the two services are different.”

Deputy Public Prosecutor Zaki Ashraf Zubir conceded that the trial judge who became a DPP ceased to have jurisdiction to make any ruling.

Bench chairman Kamaludin Md Said, who sat with M Gunalan and Ghazali Cha, said that since the trial was a nullity, the appellant could be acquitted on a technical ground or the bench could order a retrial.

“But he will continue to languish in jail for another five years,” he said.

The defence and the prosecution then came to a consensus that Kuljit be charged under Section 12 (2) so that a conviction is recorded.

Lawyer Shamsher Singh Thind , who together with Gunamalar Joorindanjn handled the case in the trial court and High Court, said Kuljit was about to travel to Singapore to be a model when the incident happened.