MOHD ZARIEF ASHRAFF BIN AZIMI

MOHD ZARIEF ASHRAFF BIN AZIMI

Prosecution proved identity and net weight of drugs via chemist report; chain of custody and witness evidence (including proximity and exclusive control of the rented vehicle by the accused and his flight/aggressive conduct) were sufficient to infer knowledge and possession; statutory presumption under s37(da) applied because total weight exceeded 15g, supporting conviction for distribution under s39B DDA 1952.

Citation
BA-45A-126-08/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohamad Zarief Ashraff bin Azimi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 July 2025
Case Number
BA-45A-126-08/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Verdict and Sentencing
Outcome
Accused convicted under section 39B Dangerous Drugs Act 1952 for distribution.
Legal Topics
Drug Possession, Drug Trafficking/distribution, Chain of Custody, Possession Inference, Sentencing
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Drug Possession Drug Trafficking/distribution Chain of Custody Possession Inference Sentencing

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Mohamad Zarief Ashraff bin Azimi

Accused

Procedural Posture

Criminal Drug Offence / Verdict and Sentencing

Legal Issues

  1. 1 Identity and quantity of seized drugs
  2. 2 Chain of custody and missing signatures on custody form
  3. 3 Whether accused had possession, control or ownership of drugs found in vehicle dashboard

Ratio Decidendi

Prosecution proved identity and net weight of drugs via chemist report; chain of custody and witness evidence (including proximity and exclusive control of the rented vehicle by the accused and his flight/aggressive conduct) were sufficient to infer knowledge and possession; statutory presumption under s37(da) applied because total weight exceeded 15g, supporting conviction for distribution under s39B DDA 1952.

Court Disposition

Accused convicted under section 39B Dangerous Drugs Act 1952 for distribution.

Orders

  • Convicted under section 39B Akta Dadah Berbahaya 1952.
  • Sentenced to life imprisonment (treated as 30 years) from date of arrest.