Drug trafficking accused not entitled to bail, rules High Court

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The provision in the Dangerous Drugs Act supersedes that of the Criminal Procedure Code, says the High Court in Kota Bharu and Penang. (Reuters pic)PETALING JAYA: Two High Court judges – in Kota Bharu and Penang – have ruled that accused persons charged with drug trafficking that carries the death penalty cannot be given bail.Judicial commissioner Mohamad Abazafree Mohd Abbas said in Kota Bharu there was a specific provision in the Dangerous Drugs Act (DDA) to deny applicants bail.He said Section 41B of the DDA clearly stated that bail shall not be granted to an accused person charged with an offence punishable with death or with jail terms for more than five years.“The provision of Section 41B prevails over the general provision in Section 388(1) of the Criminal Procedure Code (CPC),” he said in dismissing bail applications by Mohd Asyraf Samil and Siti Fakhira Bahrudin. Abaza…