WAN NUQMAN DANISH BIN FAREEZ PREM RAJ

WAN NUQMAN DANISH BIN FAREEZ PREM RAJ

Section 41B of the Dangerous Drugs Act 1952 is a specific statutory provision that renders offences punishable by life or by imprisonment exceeding five years absolutely unbailable and thus overrides the general discretion under s388(1) Criminal Procedure Code; therefore the court has no jurisdiction to grant bail to the accused charged under s39A(2) and the bail application is dismissed.

Citation
WA-62D-466-07/2025 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Wan Nuqman Danish bin Fareez Prem Raj
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 August 2025
Case Number
WA-62D-466-07/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal (dangerous Drugs Act 1952) / Bail Application (pre Trial)
Outcome
Bail application dismissed
Legal Topics
Bail, Unbailable Offence, Statutory Interpretation, Generalia Specialia Derogant
Source Language
Malay/English
Criminal Law Drug Law Criminal Procedure Constitutional Law Bail Unbailable Offence Statutory Interpretation Generalia Specialia Derogant

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Parties

Pendakwa Raya

Prosecution

Wan Nuqman Danish bin Fareez Prem Raj

Accused

Procedural Posture

Criminal (dangerous Drugs Act 1952) / Bail Application (pre Trial)

Legal Issues

  1. 1 Whether an accused charged under s39A(2) Dangerous Drugs Act 1952 (an offence punishable with life imprisonment or not less than five years) is entitled to bail despite s41B of the Act
  2. 2 Whether the court retains discretion under s388(1) Criminal Procedure Code to grant bail in circumstances where s41B Dangerous Drugs Act 1952 appears to bar bail
  3. 3 Whether personal circumstances (age, student status, family ties) or Article 8 equality arguments can displace a specific statutory prohibition on bail

Ratio Decidendi

Section 41B of the Dangerous Drugs Act 1952 is a specific statutory provision that renders offences punishable by life or by imprisonment exceeding five years absolutely unbailable and thus overrides the general discretion under s388(1) Criminal Procedure Code; therefore the court has no jurisdiction to grant bail to the accused charged under s39A(2) and the bail application is dismissed.

Court Disposition

Bail application dismissed

Orders

  • Application for bail refused
  • Accused to remain in custody pending disposal of the case