KUALA LUMPUR: Muhammed Yusoff Rawther is seeking a declaration that Section 41B of the Dangerous Drugs Act is unconstitutional as it limits the powers of the court to consider or grant bail to an accused.
Yusoff, 31, had questioned the matter in his originating summons as he has been under remand at the Sungai Buloh Prison awaiting trial after being charged under the same section with trafficking cannabis on Sept 12.(https://www.nst.com.my/news/crime-courts/2024/09/1104716/yusoff-rawther-...)
The former research assistant's lawyer, Muhammad Rafique Rashid Ali, said it was known that no bail would be granted for drug trafficking offences as prohibited under Section 41B .
"This creates injustice in some circumstances especially when an accused has a defence with merits or special circumstances that requires bail.
"The originating summons is aimed at highlighting to the court the special circumstances that warrants bail to be considered for Yusoff.
"Yusoff is a victim of an evil trap and he has consistently said he will continue to speak out and fight parties that commit abuse of power, property, rank and position," he said.
Rafique said Oct 23 was set for case management of the originating summons.
Yusoff was charged with trafficking cannabis at 10.15am in front of the carpark of Kuala Lumpur police headquarters surau on Sept 6.
The charge under Section 39B(1)(a) of the Dangerous Drugs Act, punishable under Section 39B(2), carries a life sentence, and no fewer than 12 stokes of the rotan.
However, no plea was taken from Yusoff as drug trafficking cases are under the jurisdiction of the High Court.