Raja Azlan Shah CJ (Malaya):

In this case the following questions were referred to us under s. 66 of the Courts of Judicature Act 1964:

(i) Whether or not s. 388 Criminal Procedure Code overrides the provisions ofs. 41B of the Dangerous Drugs Act 1952(Act 234).

(ii) If the answer to question (i) above is in the negative, whether it is right in law for bail to be granted in respect of a person charged for an offence under s. 39B of the Dangerous Drugs Act 1952 (Act 234).

We answered the first question in the negative and the second was accordingly a non sequitur.

On 26 May 1980 a woman enceintewith accouchement due in early July 1980, was charged with trafficking in 157.08 grammes of heroin, an offence under s. 39B (1)(a) and punishable under s. 39B(2) of the Dangerous Drugs Act, 1952offence carries a punishment for life. On 9 June 1980 the learned President of the Sessions Court granted her bail pending the hearing of the case on an application of the proviso to s. 388(i) of the Criminal Procedure Codewhich permits the granting of bail to any person under the age of 16 years or any woman or any sick or infirm person accused of a non-bailable offence carrying life imprisonm