Section 39B
Trafficking in dangerous drugs
No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Malaysia—
*NOTE—Previously “a term not exceeding fourteen years and not less than three years”–see Dangerous
Drugs (Amendment) Act 1983 [Act A553].
**NOTE—Previously “six strokes”–see Dangerous Drugs (Amendment) Act 1986 [Act A659].
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(a)
traffic in a dangerous drug;
(b)
offer to traffic in a dangerous drug; or
(c)
do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.
*(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 twelve strokes.
(2A)
(Deleted by Act 846).
(2B)
(Deleted by Act 846).
(3)
A prosecution under this section shall not be instituted except by or with the consent of the Public Prosecutor:
Provided that a person may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.
(4)
When a person is brought before a Court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of the law for the time being in force relating to criminal procedure shall be modified accordingly.
*NOTE—Previously “on conviction with death”–see Dangerous Drugs (Amendment) Act 2017
[Act A1558]. See section 3 of Dangerous Drugs (Amendment) Act 2017 [Act A1558] for transitional provisions.
**NOTE—Previously “be punished with whipping of not less than fifteen strokes.”–see section 54 of
Abolition of Mandatory Death Penalty Act 2023 [Act 846]. See section 55 of Abolition of Mandatory
Death Penalty Act 2023 [Act 846] for transitional provisions.
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