JUDGMENT

Gunn Chit Tuan J:

The accused/applicant was charged together with her husband Salleh bin Saud and her brother Ismail bin Daud in the Sessions Court in Butterworth on 5 March 1978, for an alleged offence of trafficking in dangerous drugs under s. 39(B)(1)(a) of the Dangerous Drugs Ordinance, 1952 (FM No. 30 of 1952). The case was transferred to the Special Sessions Court in George Town and when she appeared before the President of the Special Sessions Court, George Town, on 6 March 1978 her application for bail was refused, but she was apparently advised by the learned President to apply to the High Court for bail.

Though a Judge has under ss. 388 and 389 of the Criminal Procedure Code (FMS Cap. 6)absolute discretion in granting bail, that discretion must be exercised judicially and he should not (except for exceptional and very special reasons) grant bail if there appears reasonable grounds for believing that the accused has been guilty of an offence punishable with death or life imprisonment. (See Re KS Menon [1946] MLJ 49 and Regina V. Ooi Ah Kow . The offence with which the accused/applicant has been charged is punishable on conviction under s. 39(B)(2) of the Dangerou