KC Vohrah J

(delivering oral judgment): This is an application for bail for the accused pending disposal of the case against him. The accused was produced before a magistrate charged for an offence under section 39B(1) of the Dangerous Drugs Act 1950 (the Act) punishable, under section 39B(2), with death. It is not disputed that the charge against him of trafficking in a dangerous drug, heroin, disclosed not the nett weight but the gross weight of heroin he was alleged to be trafficking in. The gross amount was put in the charge as 37 grammes of heroin. The magistrate before whom the accused was produced refused him bail and therefore application was made to the High Court for bail pending the disposal of the case.

Counsel for the applicant relied on the judgment of Ajaib Singh J. in Ho Huan Chong v Public Prosecutor [1980] 2 MLJ 289 and on Article 5(1) of the Federal Constitution to argue that the accused should be allowed bail. And he argued, and I would like to put the gist of his argument here, that since the nett weight of heroin, after a chemist's report is received, could well be below the presumptive amount of 15 grammes of heroin under section 37(da) of the Act, or, for th