WAAZAN A/L BALARAMAN

WAAZAN A/L BALARAMAN

Section 41B(1)(a) read with section 41B(2) of the Dangerous Drugs Act 1952 creates an absolute prohibition on granting bail to accused persons charged with offences punishable with death (including under section 39B(1)(a)), thereby removing judicial discretion under general procedural provisions (section 388 KTJ); consequently the High Court had no power to grant bail to the applicant despite his medical condition, though the prison must arrange medical treatment under section 37 Prisons Act 1995.

Citation
PB-44-12-08/2025 (Mahkamah Tinggi)
Parties
Applicant/accused: WAAZAN A/L BALARAMAN; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 October 2025
Case Number
PB-44-12-08/2025 (Mahkamah Tinggi)
Procedural Posture
Criminal Bail Application Under Dangerous Drugs Act 1952 / High Court Bail Application (pre Trial)
Outcome
Bail application dismissed
Legal Topics
Bail, Statutory Interpretation, Right to Life and Personal Liberty (article 5), Non Bailable Offences, Medical Treatment in Custody
Source Language
Malay/English
Criminal Law Constitutional Law Drugs Law Prison Law Bail Statutory Interpretation Right to Life and Personal Liberty (article 5) Non Bailable Offences +1 more

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Parties

WAAZAN A/L BALARAMAN

Applicant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Bail Application Under Dangerous Drugs Act 1952 / High Court Bail Application (pre Trial)

Legal Issues

  1. 1 Whether the Court has discretion to grant bail to an accused charged under section 39B(1)(a) Dangerous Drugs Act 1952 (offence punishable with death) when the accused alleges a serious medical condition (stage 4 testicular cancer)

Ratio Decidendi

Section 41B(1)(a) read with section 41B(2) of the Dangerous Drugs Act 1952 creates an absolute prohibition on granting bail to accused persons charged with offences punishable with death (including under section 39B(1)(a)), thereby removing judicial discretion under general procedural provisions (section 388 KTJ); consequently the High Court had no power to grant bail to the applicant despite his medical condition, though the prison must arrange medical treatment under section 37 Prisons Act 1995.

Court Disposition

Bail application dismissed

Orders

  • Applicant's bail application at paragraph 1 dismissed
  • Prison authorities to take immediate steps to ensure the applicant is provided with regular medical treatment and appropriate medical monitoring at a government hospital in accordance with section 37 Prisons Act 1995