Probably the most infamous provision in DDA 1952, is S39B. But there are many other provisions in DDA which describes the relevnt offences and prescribes the penalties.
DDA 1952 is an intriguing statute, with much cross reference when one read the Act. The Act is drafted to list down the offences and then list down the punishment for each offence. S39B, for example does not define the offence, but actually prescribe the punishment when a certain offence related to drugs is proven in Court.
Let us give you some examples of provisions in DDA listing down offences related to drugs:-
- S4(1), S5(1) & (2), S6 DDA 1952; restricts the importation, exportation & possession of drugs such as raw opium, coca leaves, poppy-straws and cannabis.
- s6B; inter alia, restricts the planting and cultivation of certain plants which raw opium, coca leaves, poppy-straws and cannabis may be obtained
- s9; relates to import/export/possession of opium
- S10; makes it an offence for anyone allowing their premises to be used to make opium or to sell, or to smoke opium.
- S12 (2); refers to Parts III, IV & V of the First Schedule of DDA (which lists down all drugs deemed illegal in Malaysia) and makes it an offence for anyone to be in possession of the drugs listed therein.
- S13; makes it an offence for keeping or using one's premises for unlawful administration of drug.
- S14; if one administer the drug onto another, is an offence.
- S15; if one self-administer the drug, it is an offence.
- S20; allows certain drugs to be imported as approved by the relevant Minister, but any other drug imported, is an offence.
- S21; Any person bringing in drugs into Malaysia but on transit to another country, commits an offence.
These are just some examples of offences in DDA. There are provisions (as mentioned above) which prescribes the penalty:-
- S12(3); any person contravening S12(2) as mentioned above, may be fined for RM1,000 or imprisoned for a 5 years, max (or both)
- S4(2), S5(3), S6; penalty for importation, exportation and possession of raw opium, coca leaves, poppy-straws & cannabis. S4 (between 3-5 years imprison), S5 (between 3-5 years imprison) & S6 (fine max RM20,000 or max 5 years imprison).
- S6B (3); Max life imprisoned and whipping of not less than 6 strokes.
- S10(2) max fine RM5,000 or imprisoned for max 2 years (or both).
- S13; max fine RM10,000 or imprisoned for max 5 years (or both).
- S14(1); max fine RM10,000 or imprisoned for max 3 years (or both)
- S15(1); max fine RM5,000 or imprisoned for max 2 years.
- S39; for all other offences in DDA where no prescribed penalty, max fine RM5,000 or imprisoned max 2 years (or both)
- S39A (1); increased penalty if the weight of drugs found on the suspect is above the list in S39A (1) (please see statute, too long to list in this posting), Imprisoned between 2-5 years and shall be whipped between 3-9 strokes.
- S39A (2); increased penalty if the weight of drugs found on the suspect is above the list in S39A (2) (please see statute, too long to list in this posting), Imprisoned between 10 years to max life and shall be whipped minimum 10 strokes.
- S39B; under S37, the Court will presume a person is a trafficker if the drugs found is above the weight as listed in S37 (please see statute, too long to list in this posting). And if found guilty of trafficking, the penalty is Death.
How can Section 39B presume a patient is a drug trafficker if found under his possession ? It must be proven first. What if a traveller arrives at the airport and a drug trafficker seeking to avoid detection switches similar bag with an innocent bystander ? Should the innocent bystander die ?
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