DANGEROUS DRUG (AMENDMENT) ACT 2017

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 39B

by substituting for subsection (2) the following subsection:

"（2）Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than fifteen strokes."; and

by inserting after subsection (2) the following subsections:

"（2A）In exercising the power conferred by subsection (2), the Court in imposing the sentence of imprisonment for life and whipping of not less than fifteen strokes, may have regard only to the following circumstances:

there was no evidence of buying and selling of a dangerous drug at the time when the person convicted was arrested;

there was no involvement of agent provocateur; or

the involvement of the person convicted is restricted to transporting, carrying, sending or delivering a dangerous drug; and

that the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside Malaysia.

For the purposes of subsection (2A), "enforcement agency" means—

Any proceedings against any person who has been charged, whether or not trial has commenced or has been completed, and has not been convicted under section 39B of the principal Act by a competent Court before the appointed date, shall on the appointed date be dealt with by the competent Court and be continued under the provisions of the principal Act as amended by this Act.