Puan binti Saad

Puan binti Saad

The court found the prosecution did not satisfy it of reasonable grounds to believe the accused committed a non-bailable offence at the bail stage, considered the applicant's advanced age and poor health, and concluded that balancing the relevant bail factors justified granting bail under section 388 CPC despite the restrictive language of section 41B DDA; bail was granted on conditions.

Citation
KA-44-25-07/2020 (Mahkamah Tinggi)
Parties
Applicant/accused: Puan binti Saad; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
KA-44-25-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Pre Trial Bail Application
Outcome
bail granted
Legal Topics
Bail, Denial of Bail, Section 41 B DDA, Section 388 CPC, Prima Facie, Joint Possession, Trafficking
Source Language
Malay/English
Dangerous Drugs Act 1952 Criminal Procedure Code Penal Code Bail Law Bail Denial of Bail Section 41 B DDA Section 388 CPC +3 more

Case Brief

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Parties

Puan binti Saad

Applicant/accused

Pendakwa Raya

Respondent

Procedural Posture

Criminal Drug Trafficking / Pre Trial Bail Application

Legal Issues

  1. 1 Whether court may grant bail despite section 41B DDA and alleged ouster by Public Prosecutor
  2. 2 Whether there are reasonable grounds for believing the accused committed a non-bailable offence (prima facie case)
  3. 3 Whether applicant's age and health justify release on bail

Ratio Decidendi

The court found the prosecution did not satisfy it of reasonable grounds to believe the accused committed a non-bailable offence at the bail stage, considered the applicant's advanced age and poor health, and concluded that balancing the relevant bail factors justified granting bail under section 388 CPC despite the restrictive language of section 41B DDA; bail was granted on conditions.

Court Disposition

bail granted

Orders

  • Bail set at RM10000 with two sureties
  • Applicant to surrender passport to the Court if any