MURUGAN A/L P.SUBRAMANIAM [ ]

MURUGAN A/L P.SUBRAMANIAM [ ]

Because the accused is charged with the substantive offence under section 15(1)(a) DDA (a bailable offence) and section 39C is an enhanced penalty provision rather than a separate offence catalogue contemplated by section 41B DDA, section 41B(1)(b) does not bar bail; therefore bail was properly granted and the sessions court order refusing bail was set aside.

Citation
AB-44-5-03/2021 (Mahkamah Tinggi)
Parties
Accused/applicant: Murugan A/L P. Subramaniam; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 May 2022
Case Number
AB-44-5-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Revision and Criminal Bail Application / High Court Judgment on Bail Pending Trial
Outcome
Bail granted and sessions court order refusing bail set aside
Legal Topics
Bail, Dangerous Drugs (self Administration), Enhanced Penalty, Statutory Interpretation, Presumption of Innocence
Source Language
Malay/English
Criminal Law Constitutional Law Drugs Law Procedural Law Bail Dangerous Drugs (self Administration) Enhanced Penalty Statutory Interpretation +1 more

Case Brief

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Parties

Murugan A/L P. Subramaniam

Accused/applicant

Public Prosecutor

Respondent

Procedural Posture

Criminal Revision and Criminal Bail Application / High Court Judgment on Bail Pending Trial

Legal Issues

  1. 1 Whether an accused charged under section 15(1)(a) DDA but punishable under section 39C(1)(b) DDA is entitled to bail
  2. 2 Whether section 41B(1)(b) DDA bars bail when the charged offence is punishable with more than five years due to an enhanced penalty under section 39C
  3. 3 Whether previous convictions triggering section 39C must be specified in the charge pursuant to section 152(6) CPC

Ratio Decidendi

Because the accused is charged with the substantive offence under section 15(1)(a) DDA (a bailable offence) and section 39C is an enhanced penalty provision rather than a separate offence catalogue contemplated by section 41B DDA, section 41B(1)(b) does not bar bail; therefore bail was properly granted and the sessions court order refusing bail was set aside.

Court Disposition

Bail granted and sessions court order refusing bail set aside

Orders

  • Accused granted bail of RM5000 with one surety pending trial
  • Order of Sessions Court refusing bail is set aside