Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Medical treatment in custody
  • 17 Oct 2025

    WAAZAN A/L BALARAMAN

    Citation
    PB-44-12-08/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PB-44-12-08/2025 (Mahkamah Tinggi)

    Section 41B(1)(a) read with section 41B(2) of the Dangerous Drugs Act 1952 creates an absolute prohibition on granting bail to accused persons charged with offences punishable with death (including under section 39B(1)(a)), thereby removing judicial discretion under general procedural provisions (section 388 KTJ); consequently the High Court had no power to grant bail to the applicant despite his medical condition, though the prison must arrange medical treatment under section 37 Prisons Act 1995.