If you or a loved one are currently in a police lockup or have just been charged in court for a drug offence in Malaysia, the panic is real. You are likely asking one question: “Can I get bail and come home?”
As a specialist drug defence lawyer in Kuala Lumpur, I deal with this question every single day as drug related offences such as drug possession and drug trafficking (Section 39B) is our Main Area of Practice in our firm. Before we look at the law, there is one critical warning you must hear.
WARNING: The “Bogus Lawyer” Trap
Desperate times lead to desperate mistakes. Recently, the Court of Appeal had to order a fresh trial for two men because they were represented by a bogus lawyer.
Do not let this be you. Before you pay a single Ringgit, verify that your lawyer has a valid Practicing Certificate and Firm Registration issued by the Malaysian Bar Council. You can verify my credentials and my firm, Chambers of Sivahnanthan Ragava, right here on our About Us page. I have also written a detailed guide on how to avoid appointing a fake lawyer which you should read immediately.
The Reality of Bail in Malaysian Drug Cases
In Malaysia, whether you get bail depends entirely on the Section you are charged under. Here is the breakdown:
1. Section 12 DDA 1952 (Possession)
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Is it bailable? Yes.
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The Cost: In my experience handling hundreds of cases in Kuala Lumpur and Selangor, the bail amount usually ranges from RM1,500 to RM4,000.
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The Goal: At this stage, you need a criminal lawyer who does bail application for clients to argue for the lowest possible amount so you can remain free during the trial.
2. Section 39A(1) DDA 1952 (Heavier Possession)
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Is it bailable? Yes.
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The Catch: Because this carries a mandatory prison sentence (2–5 years) and rotan (caning), the bail amount will be higher than Section 12.
3. Section 39A(2) and Section 39B (Trafficking)
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Is it bailable? NO.
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The Harsh Truth: Under the Dangerous Drugs Act 1952, these are “UNBAILABLE” offences. Unlike SOSMA—where women or the sick might occasionally get bail—the DDA 1952 is absolute.
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The Reality: If you are charged with Section 39B (Trafficking), you will remain in prison from the day of your arrest until the day the Judge delivers the verdict.
The “Lepas Kimia” Hope: How We Fight a No-Bail Situation
If you are charged under Section 39B, you might feel like all hope is lost because you are stuck in prison. However, the initial charge is not always the final charge.
This is what we locally call “Lepas Kimia” or “Lepas Cuci.”
When the police arrest you, they weigh the drugs “as is.” But the official weight is only determined by the Malaysian Chemist Department (Jabatan Kimia).
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Impurity Drops: Syndicates often mix drugs with salt, sugar, or other impurities. If you are arrested with 1kg of “suspected methamphetamine,” the chemist might find only 10 grams of pure drugs.
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Charge Reduction: If the weight drops significantly, your charge can be reduced from Section 39B (No Bail) to Section 39A(1) or Section 12 (Bailable).
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The Wait: The chemist report typically takes 3 months to 1 year. You must remain in prison during this time, which is why having an experienced drug lawyer is vital to monitor the process and push for a reduction immediately once the report is out.
Legal Insight by Sivahnanthan Ragava : I have seen cases where the chemist report proves the substance isn’t even a drug at all! In those cases, we fight for an immediate discharge.
Why Experience Matters: The Sivahnanthan Ragava Track Record
When your life is on the line, you need a litigator who has walked the halls of the High Court and won. We have secured freedom for clients facing the death penalty in various high-profile cases:
Don’t wait until it’s too late. If you have been arrested, read my Immediate Guide on What To Do After a Drug Arrest and contact us today.
Sivahnanthan Ragava
Malaysian Criminal Defence Lawyer
Chambers of Sivahnanthan Ragava
Kuala Lumpur, Malaysia
About the Author
Sivahnanthan Ragava is a Malaysian criminal defence lawyer and the founder of Chambers of Sivahnanthan Ragava. His practice focuses exclusively on criminal litigation, including drug offences, serious criminal cases, bail and remand proceedings, trials, and criminal appeals. He regularly appears in the Magistrates’ Courts, Sessions Courts, High Courts, the Court of Appeal, and the Federal Court. Cases handled by him have been widely reported in mainstream Malaysian media, reflecting the public interest and legal significance of the matters defended.
This page forms part of the wider Criminal Defence Legal Services offered by the firm.
Need Legal Representation for a Drug Case?
If you or your family member has been arrested for a drug offence in Malaysia, it is critical to obtain legal advice immediately.
Sivahnanthan Ragava, a criminal defence lawyer based in Kuala Lumpur and Selangor, regularly represents clients facing serious drug charges including possession, trafficking, and Section 39B offences under the Dangerous Drugs Act 1952.
Early legal intervention can make a significant difference during the remand stage, investigation process, bail applications, and trial preparation.You may learn more about legal representation for drug cases here:
Drug Defence Services
If urgent legal assistance is required, you may also contact the firm directly:
Contact Chambers of Sivahnanthan Ragava
You may learn more about the firm and its criminal defence work at the Chambers of Sivahnanthan Ragava website.
Some of the criminal cases handled by Sivahnanthan Ragava, including matters involving serious drug offences and drug trafficking charges, have been reported in mainstream media in Malaysia. Readers who wish to understand the firm’s work in criminal defence matters in Kuala Lumpur and Selangor may view selected Media Mentions of the firm reported in mainstream Malaysian media, as well as Drug Related cases (Drug Trafficking,Section 39B) involving the firm that were reported in mainstream media in Malaysia, for further reference.
If you would like to know what to do immediately when you have been arrested for a drug case ( Drug Possession, Drug Trafficking Section 39B), click this link to: Arrested for a Drug Case in Malaysia ? What to do Immediately. If you would like guidance on choosing legal representation, you may also refer to this guide explaining Facing a Drug Trafficking Case (Section 39B) in Malaysia: 5 Critical Steps to Take Before Choosing a Drug Trafficking Lawyer in Kuala Lumpur and Selangor
