Wan Yahya J:

This is an application by a person accused of an offence under s. 6B(1)(a) of the Dangerous Drugs Act 1952, for bail pending disposal of the charge against him. He had been earlier produced before the President of the Sessions Court, Melaka on 15 April 1981 but he was denied bail by the learned President in view of s. 41B of the Act.

At the commencement of hearing before this Court his counsel, Mr. Hilary D'Cruz, with his usual precision, laid down two points for consideration of appeal, as follows:

(i) Whether s. 41B of the Dangerous Drugs Actwould make the offence non-bailable or preclude bail: and

(ii) In either of these two events whether the High Court is precluded from exercising its discretionary powers over bail.

Counsel first drew the subtle distinction between a non-bailable offence and an unbailable offence. He contends that non-bailable offences, as defined under "bailable offence" in s. 2 of the Criminal Procedure Codeinclude all offences, including those outside the Code, should be either bailable or unbailable offences. Following this reasoning, counsel argued, the offence under s. 6B(1)(a) of the Dangerous Drugs Ordinance would therefore fall u