State Narcotics Criminal Investigations Department chief Asst Comm R. Ravi Chandran said a provision under Section 41B of the Dangerous Drugs Act 1952 allowed the prosecution to request the court to deny bail for repeat offenders.
The department had forwarded the suggestion to the Attorney-General’s Chambers in December and was then told to put in the request to the Perak prosecution unit, which it has done.
“If the request is granted, our department will be the first in the country to successfully push for the provision to be implemented,” said ACP Ravi.
“Most are given bail amounts between RM2,000 and RM3,000, and after settling the amount, they are back on the streets again.
“We hope to apply the section this year if the prosecution unit gives the green light,” said ACP Ravi.
The section states that no bail is to be granted in respect of certain offences, where the public prosecutor could argue in court that it is not in the public’s interest to grant bail to the accused person.
A total of 13,548 people were arrested in Perak last year for drug-related offences including possession, trafficking and operating drug processing labs, said ACP Ravi.
In another development, police detained a labourer for drug possession during a raid in Simpang, Taiping, at 11pm on Jan 31.
ACP Ravi said police seized 1.4kg of heroin in three plastic packets from the man, who was nabbed following a tip-off.
He tested positive for methamphetamine, and would be remanded until Feb 7.
ACP Ravi said the drugs confiscated are worth about RM35,000. - Star, 3/2/2017
Dangerous Drugs Act 1952
Section 41B No bail to be granted in respect of certain offences
(1) Bail shall not be granted to an accused person charged with an offence under this Act-
(a) where the offence is punishable with death; or(2) Subsection (1) shall have effect notwithstanding any other written law or any rule of law to the contrary.
(b) where the offence is punishable with imprisonment for more than five years; or
(c) where the offence is punishable with imprisonment for five years or less and the Public Prosecutor certifies in writing that it is not in the public interest to grant bail to the accused person.