Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Jurisdiction to grant 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.