Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Generalia specialia derogant
  • 7 Aug 2025

    WAN NUQMAN DANISH BIN FAREEZ PREM RAJ

    Citation
    WA-62D-466-07/2025 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62D-466-07/2025 (Mahkamah Sesyen)

    Section 41B of the Dangerous Drugs Act 1952 is a specific statutory provision that renders offences punishable by life or by imprisonment exceeding five years absolutely unbailable and thus overrides the general discretion under s388(1) Criminal Procedure Code; therefore the court has no jurisdiction to grant bail to the accused charged under s39A(2) and the bail application is dismissed.