Section 41
Jurisdiction
A Sessions Court or a Magistrates’ Court presided over by a
Magistrate of the First Class shall have jurisdiction to try any offence under this Act, except an offence under section 39B, and power to impose for any offence so tried the full punishment or penalty provided for that offence by this Act or by any regulations made thereunder, other than, in the case of a Magistrates’ Court, imprisonment exceeding five years.
(2)
Notwithstanding subsection (1), the High Court shall have jurisdiction to try any case in respect of any offence under this Act if the Public Prosecutor requires any such case to be tried by the High
Court.
(3)
Subsections (1) and (2) shall have effect notwithstanding any other written law to the contrary.
60 Laws of Malaysia ACT 234
Special provisions relating to transmission of a case to, and trial by, the High Court
*41A. (1) Where any case in respect of an offence under this Act is triable exclusively by the High Court or is required by the Public
Prosecutor to be tried by the High Court, the accused person shall be produced before the appropriate subordinate court which shall, after the charge has been explained to him, transmit the case to the High
Court without holding a preliminary inquiry under Chapter XVII of the Criminal Procedure Code, and cause the accused person to appear or be brought before such Court as soon as may be practicable.
(2)
When the accused person appears or is brought before the
High Court in accordance with subsection (1), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX of the Criminal Procedure Code.
(3)
The trial of a case transmitted to the High Court under subsection (1) shall be by a Judge of the High Court sitting alone, and
**Chapters XXI and XXII of the Criminal Procedure Code shall not apply to such trial.
(4)
Subsections (1), (2) and (3) shall have effect notwithstanding any other written law to the contrary.