Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dangerous drugs act 1952 s41b

  • 13 Mar 2026

    CHAN AH MOI

    Citation
    JA-44-15-02/2026 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-44-15-02/2026 (Mahkamah Tinggi)

    Because the applicant is charged under s.39B(1) DDA which, by s.39B(2), is punishable by death or imprisonment for life (and therefore falls within offences punishable with death or imprisonment exceeding five years), s.41B of the Dangerous Drugs Act 1952 operates to prohibit grant of bail; the specific prohibition in s.41B prevails over the general bail power in s.388 CPC and binding precedents mandate refusal of bail.

  • 2 Dec 2020

    LEE WEI KOK PUBLIC PROSECUTOR

    Citation
    JB-44-17-10/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-44-17-10/2020 (Mahkamah Tinggi)

    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.