20 Apr 2021
MURALY A/L SUBRAMANIAM (NO K/P: 790809-08-5031) PUBLIC PROSECUTOR
- Citation
- AA-44-3-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-44-3-02/2021 (Mahkamah Tinggi)
The court dismissed the bail application because s.41B(1)(a) of the Dangerous Drugs Act 1952 expressly prohibits bail for offences punishable with death and that prohibition is binding and dispositive under higher court authority (Public Prosecutor v Chew Siew Luan and Leong Ying Ming); constitutional arguments under Arts 8, 121 and 5 do not override the clear statutory bar nor permit the court to read the CPC proviso into the DDA; the applicant's medical condition did not alter the statutory prohibition and the prison's medical regime was found adequate.