12 Nov 2024
CHEAN WEI CHUNG
- Citation
- CB-43-3-11/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-43-3-11/2024 (Mahkamah Tinggi)
The High Court held the Sessions Court erred in granting bail because section 41B of the Dangerous Drugs Act 1952 applies to offences attracting increased penalties under section 39C; section 41B prevails over the general bail provisions of the Criminal Procedure Code (including s388). Binding authorities (PP v Leong Ying Ming; PP v Chew Siew Luan) require that where an offence is punishable with imprisonment for more than five years under the Act, bail is barred; accordingly the Sessions Court bail order was set aside.