Murugan A/l P. Subramaniam [ ]

Murugan A/l P. Subramaniam [ ]

The court held that the accused was charged with an offence under s15(1)(a) DDA which is a bailable offence; s39C is merely an enhanced penalty provision and does not alter the nature of the offence for bail purposes; s41B does not operate to deny bail in the circumstances because Parliament did not expressly include s39C-triggered cases in s41B and any construction depriving liberty would be disfavored; accordingly bail was granted and the Sessions Court order refusing bail was set aside.

Citation
AB-43-11-09/2020 (Mahkamah Tinggi)
Parties
Applicant/accused: Murugan A/L P. Subramaniam; Respondent/public Prosecutor: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 May 2022
Case Number
AB-43-11-09/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Revision and Bail Application / High Court Application for Bail and Criminal Revision; Judgment Granting Bail
Outcome
Bail granted and Sessions Court refusal set aside
Legal Topics
Bail, Dangerous Drugs Act 1952, Section 41 B, Section 39 C, Section 15(1)(a), Article 5(1) Federal Constitution
Source Language
Malay/English
Criminal Law Constitutional Law Statutory Interpretation Drugs Law Bail Dangerous Drugs Act 1952 Section 41 B Section 39 C +2 more

Case Brief

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Parties

Murugan A/L P. Subramaniam

Applicant/accused

Public Prosecutor

Respondent/public Prosecutor

Procedural Posture

Criminal Revision and Bail Application / High Court Application for Bail and Criminal Revision; Judgment Granting Bail

Legal Issues

  1. 1 Whether enhanced penalty under s39C DDA transforms the charged offence into a non-bailable offence under s41B DDA
  2. 2 Whether bail entitlement is determined by the nature of the offence charged (s15(1)(a)) or by the punishment provision cited (s39C)
  3. 3 Whether prior convictions triggering s39C must be specified in the charge (s152(6) CPC)

Ratio Decidendi

The court held that the accused was charged with an offence under s15(1)(a) DDA which is a bailable offence; s39C is merely an enhanced penalty provision and does not alter the nature of the offence for bail purposes; s41B does not operate to deny bail in the circumstances because Parliament did not expressly include s39C-triggered cases in s41B and any construction depriving liberty would be disfavored; accordingly bail was granted and the Sessions Court order refusing bail was set aside.

Court Disposition

Bail granted and Sessions Court refusal set aside

Orders

  • Bail fixed at RM5000 with one surety pending trial
  • Order of Sessions Court refusing bail set aside