Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Interpretation of special statute vs general law
  • 12 Oct 2021

    IZZATI ALIA BINTI ABDUL AZIZ

    Citation
    DA-44-55-09/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-44-55-09/2021 (Mahkamah Tinggi)

    The High Court dismissed the bail application because the accused was charged with an offence involving the prescribed amount of methamphetamine under Section 39A(2) DDA, which renders the offence punishable with imprisonment for more than five years and therefore non-bailable under Section 41B(1)(b); consequently the Court could not invoke Section 388 CPC to grant bail as the special provisions of the Dangerous Drugs Act prevail over the general provision.