LEE WEI KOK PUBLIC PROSECUTOR

LEE WEI KOK PUBLIC PROSECUTOR

Section 41B of the Dangerous Drugs Act 1952 expressly prohibits grant of bail where the offence is punishable with imprisonment for more than five years (and contains a 'notwithstanding any written law' clause), thereby overriding the general discretionary bail provisions in the Criminal Procedure Code; accordingly the High Court must refuse the bail application for the charged offence and the Notice of Motion is dismissed.

Citation
JB-44-17-10/2020 (Mahkamah Tinggi)
Parties
Applicant/accused: Lee Wei Kok; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 December 2020
Case Number
JB-44-17-10/2020 (Mahkamah Tinggi)
Procedural Posture
High Court Bail Application Under S.389 Criminal Procedure Code (following Sessions Court Refusal) / Interlocutory Application Heard and Dismissed
Outcome
Notice of Motion for bail dismissed
Legal Topics
Bail, Dangerous Drugs Act 1952 S41 B, Statutory Interpretation, Jurisdiction to Grant Bail, Pre Trial Detention
Source Language
Malay/English
Criminal Law Drugs Law Procedural Law Constitutional Law Bail Dangerous Drugs Act 1952 S41 B Statutory Interpretation Jurisdiction to Grant Bail +1 more

Case Brief

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Parties

Lee Wei Kok

Applicant/accused

Public Prosecutor

Respondent

Procedural Posture

High Court Bail Application Under S.389 Criminal Procedure Code (following Sessions Court Refusal) / Interlocutory Application Heard and Dismissed

Legal Issues

  1. 1 Whether an offence under s.15(1)(a) Dangerous Drugs Act 1952 punishable under s.39C(1) is bailable
  2. 2 Whether bail is a constitutional right under Article 5(1) of the Federal Constitution
  3. 3 Whether Article 7(1) is applicable to the bail application

Ratio Decidendi

Section 41B of the Dangerous Drugs Act 1952 expressly prohibits grant of bail where the offence is punishable with imprisonment for more than five years (and contains a 'notwithstanding any written law' clause), thereby overriding the general discretionary bail provisions in the Criminal Procedure Code; accordingly the High Court must refuse the bail application for the charged offence and the Notice of Motion is dismissed.

Court Disposition

Notice of Motion for bail dismissed

Orders

  • Notice of Motion dated as per Enclosure 1 is dismissed; bail refused