KUALA LUMPUR: The no bail provision under Section 41B of the Dangerous Drugs Act (DDA) 1952 is valid and does not contravene the Federal Constitution, the High Court was told on Wednesday (Nov 6).
The government, as the defendant, stated this in an affidavit-in-reply in a legal action filed by former researcher Muhammed Yusoff Rawther who is challenging a Magistrate's Court decision denying him bail.
The affidavit, which was affirmed by Deputy Public Prosecutor Mohd Sabri Othman, also stated that Muhammed Yusoff should not have raised the constitutional issue involving Section 41B through an originating summons at the civil High Court.
Instead, the issue should be raised at the criminal High Court, which has jurisdiction over the matter.
Meanwhile, lawyer Muhammad Rafique Rashid Ali, who represented Muhammed Yusoff, told the press that High Court judge Justice Wan Ahmad Farid Wan Salleh has ordered the plaintiff to reply to the affidavit-in-reply before the next case management on Jan 20, 2025.
Muhammad Rafique also said that the AGC would be objecting to his client's application to refer the same constitutional questions to the Federal Court.
On Sept 12, Muhammed Yusoff was charged at the Magistrates’ Court with trafficking 305g of cannabis at a car park in front of the Kuala Lumpur police headquarters at 10.15am on Sept 6.
He was charged under Section 39B(1)(a) of the DDA, punishable under Section 39B(2), carries a life sentence, and no fewer than 12 strokes of the rotan.
No plea was taken as the case was under the jurisdiction of the High Court.
Last month, he filed an originating summons to seek a court declaration that Section 41B was unconstitutional.
Section 41B stated that no bail shall be granted for certain drug-related offences.
Muhammed Yusoff is currently in Sungai Buloh prison.
