Section 39B of Malaysian Dangerous Drugs Act 1952
Section 39B of Malaysian Dangerous Drugs Act 1952 deals with Trafficking in dangerous drugs
From the Act
(1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Malaysia—
(a) traffic in a dangerous drug;
(b) offer to traffic in a dangerous drug; or
(c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death.
(3) A prosecution under this section shall not be instituted except by or with the consent of the Public Prosecutor:
Provided that a person may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.
(4) When a person is brought before a Court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of the law for the time being in force relating to criminal procedure shall be modified accordingly.
Related Cases / Recent Cases / Case Law
- Pendakwa Raya Vs Liakat Ali Bin Baddar Din, Rayuan jenayah no: B-05-323-2010
Related Sections from the Act
- Section 39: General penalty
- Section 39A: Increased penalty where the subject matter is the prescribed amount of certain dangerous drugs
- Section 39C: Increased penalty where person has prior admissions or convictions
- Section 40: Protection of informers
Related Sections from other Acts
- Section 180 of Malaysian Criminal Procedure Code: Procedure after conclusion of case for prosecution