Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 41b

  • 12 Nov 2024

    CHEAN WEI CHUNG

    Citation
    CB-43-3-11/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-43-3-11/2024 (Mahkamah Tinggi)

    The High Court held the Sessions Court erred in granting bail because section 41B of the Dangerous Drugs Act 1952 applies to offences attracting increased penalties under section 39C; section 41B prevails over the general bail provisions of the Criminal Procedure Code (including s388). Binding authorities (PP v Leong Ying Ming; PP v Chew Siew Luan) require that where an offence is punishable with imprisonment for more than five years under the Act, bail is barred; accordingly the Sessions Court bail order was set aside.

  • 13 May 2022

    Murugan A/l P. Subramaniam [ ]

    Citation
    AB-43-11-09/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-43-11-09/2020 (Mahkamah Tinggi)

    The court held that the accused was charged with an offence under s15(1)(a) DDA which is a bailable offence; s39C is merely an enhanced penalty provision and does not alter the nature of the offence for bail purposes; s41B does not operate to deny bail in the circumstances because Parliament did not expressly include s39C-triggered cases in s41B and any construction depriving liberty would be disfavored; accordingly bail was granted and the Sessions Court order refusing bail was set aside.