KUALA LUMPUR, Oct 2 — Former research assistant Muhammed Yusoff Rawther is challenging the constitutionality of Section 41B of the Dangerous Drugs Act 1952, which prohibits bail for drug trafficking charges, according to his lawyer, Rafique Rashid Ali.
Yusoff, currently held in Sungai Buloh prison while awaiting trial, is charged under Section 39B(1)(a) of the Act for trafficking 305g of cannabis, according to a report published yesterday in Free Malaysia Today.
He was arrested on September 6 in a car park near the Kuala Lumpur police headquarters, and no plea has been recorded.
Rafique argues that the no-bail provision in Section 41B creates an injustice, especially for defendants with legitimate defences or unique circumstances requiring the court’s consideration for bail.
“Section 41B stipulates that no bail shall be granted for certain drug-related offences. This is unfair in cases where a defendant has a strong defence or special circumstances that necessitate bail,” Rafique said in a statement.
Yusoff has filed an originating summons, dated September 27, seeking a court order to declare Section 41B unconstitutional.
He argues that the provision limits the court’s ability to assess whether bail should be granted, despite any extenuating circumstances.
“Through the originating summons, Yusoff is seeking an order to declare Section 41B of the Dangerous Drugs Act 1952 as unconstitutional, as it limits the existing powers of the court in deliberating or granting bail,” Rafique added.
The court has scheduled case management for October 23 to deliberate on the matter.
Despite the stringent legal framework, Rafique confirmed he will be applying for bail for Yusoff, citing concerns over his client’s security.
